|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1463 Introduced 2/7/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that the court shall not order any assessments, such as fees, fines, or administrative costs, except for assessments made in traffic, boating, or fish and game law, or municipal ordinance violations as provided in the Act, against a minor subject to the Minors Requiring Authoritative Intervention Article, Addicted Minors Article, or Delinquent Minors
Article of the Act or against the minor's parent, guardian, or legal custodian. Provides that, except for assessments made in traffic, boating, or fish and game law, or municipal ordinance violations as provided in the Act, any judgment, order, agreement, or other legally enforceable encumbrance directing a minor or his or her parent, guardian, or legal custodian to pay assessments prior to the effective date of the amendatory Act is null, void, and not collectible if there remains a balance due, including interest, penalties, or collection fees. Provides that, if the court orders community service for the minor, community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. Provides that, one year after the effective date of the amendatory Act, the Administrative Office of the Illinois Courts shall report to the General Assembly:
(1) the number of judgments, orders, agreements, or other legally enforceable encumbrances vacated pursuant to this provision in each judicial district; and
(2) the total balances of fees, fines, and administrative costs vacated in each judicial district.
Makes other changes. Amends various other Acts to make conforming changes. Effective immediately.
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| | A BILL FOR |
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| | SB1463 | | LRB103 25983 RLC 52337 b |
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1 | | AN ACT concerning minors.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Counties Code is amended by changing |
5 | | Section 5-1101.3 as follows: |
6 | | (55 ILCS 5/5-1101.3) |
7 | | Sec. 5-1101.3. Additional fees to finance new judicial |
8 | | facilities. The county boards of Kane County, Kendall County, |
9 | | and Will County may by ordinance impose a judicial facilities |
10 | | fee to be used for the building of new judicial facilities. |
11 | | (a) In setting such fee, the county board, with the |
12 | | concurrence of the Chief Judge of the applicable judicial |
13 | | circuit or the presiding judge of the county in a multi-county |
14 | | judicial circuit, may impose different rates for the various |
15 | | types or categories of civil and criminal cases, not to exceed |
16 | | $30. The fees are to be paid as follows: |
17 | | (1) In civil cases, the fee shall be paid by each party |
18 | | at the time of filing the first pleading, paper, or other |
19 | | appearance; provided that no additional fee shall be |
20 | | required if more than one party is represented in a single |
21 | | pleading, paper, or other appearance. |
22 | | (2) In felony, misdemeanor, local or county ordinance, |
23 | | traffic, and conservation cases, the fee shall be assessed |
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1 | | against the defendant upon the entry of a judgment of |
2 | | conviction, an order of supervision, or a sentence of |
3 | | probation without entry of judgment pursuant to Section 10 |
4 | | of the Cannabis Control Act, Section 410 of the Illinois |
5 | | Controlled Substances Act, Section 70 of the |
6 | | Methamphetamine Control and Community Protection Act, |
7 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of |
8 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
9 | | Section 10-102 of the Illinois Alcoholism and Other Drug |
10 | | Dependency Act, or Section 10 of the Steroid Control Act. |
11 | | (2.5) The court shall not order any fees, fines, |
12 | | costs, or other applicable assessments authorized under |
13 | | this Section against a minor subject to Article III, IV, |
14 | | or V of the Juvenile Court Act of 1987, or a minor under |
15 | | the age of 18 transferred to adult court or excluded from |
16 | | juvenile court jurisdiction under Article V of the |
17 | | Juvenile Court Act of 1987, or the minor's parent, |
18 | | guardian, or legal custodian. |
19 | | (3) In local or county ordinance, traffic, and |
20 | | conservation cases, if fines are paid in full without a |
21 | | court appearance, then the fee shall not be imposed or |
22 | | collected. |
23 | | (b) The proceeds of all fees enacted under this Section |
24 | | must be deposited into the county's Judicial Department |
25 | | Facilities Construction Fund and used for the sole purpose of |
26 | | funding in whole or in part the costs associated with building |
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| | SB1463 | - 3 - | LRB103 25983 RLC 52337 b |
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1 | | new judicial facilities within the county, which shall be |
2 | | designed and constructed by the county board with the |
3 | | concurrence of the Chief Judge of the applicable judicial |
4 | | circuit or the presiding judge of the county in a multi-county |
5 | | judicial circuit.
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6 | | (Source: P.A. 102-1021, eff. 7-1-22.) |
7 | | Section 10. The Clerks of Courts Act is amended by |
8 | | changing Sections 27.1b and 27.3b-1 as follows: |
9 | | (705 ILCS 105/27.1b) |
10 | | (Section scheduled to be repealed on January 1, 2024) |
11 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any |
12 | | other provision of law, all fees charged by the clerks of the |
13 | | circuit court for the services described in this Section shall |
14 | | be established, collected, and disbursed in accordance with |
15 | | this Section. Except as otherwise specified in this Section, |
16 | | all fees under this Section shall be paid in advance and |
17 | | disbursed by each clerk on a monthly basis. In a county with a |
18 | | population of over 3,000,000, units of local government and |
19 | | school districts shall not be required to pay fees under this |
20 | | Section in advance and the clerk shall instead send an |
21 | | itemized bill to the unit of local government or school |
22 | | district, within 30 days of the fee being incurred, and the |
23 | | unit of local government or school district shall be allowed |
24 | | at least 30 days from the date of the itemized bill to pay; |
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1 | | these payments shall be disbursed by each clerk on a monthly |
2 | | basis. Unless otherwise specified in this Section, the amount |
3 | | of a fee shall be determined by ordinance or resolution of the |
4 | | county board and remitted to the county treasurer to be used |
5 | | for purposes related to the operation of the court system in |
6 | | the county. In a county with a population of over 3,000,000, |
7 | | any amount retained by the clerk of the circuit court or |
8 | | remitted to the county treasurer shall be subject to |
9 | | appropriation by the county board. |
10 | | (a) Civil cases. The fee for filing a complaint, petition, |
11 | | or other pleading initiating a civil action shall be as set |
12 | | forth in the applicable schedule under this subsection in |
13 | | accordance with case categories established by the Supreme |
14 | | Court in schedules. |
15 | | (1) SCHEDULE 1: not to exceed a total of $366 in a |
16 | | county with a population of 3,000,000 or more and not to |
17 | | exceed $316 in any other county, except as applied to |
18 | | units of local government and school districts in counties |
19 | | with more than 3,000,000 inhabitants an amount not to |
20 | | exceed $190 through December 31, 2021 and $184 on and |
21 | | after January 1, 2022. The fees collected under this |
22 | | schedule shall be disbursed as follows: |
23 | | (A) The clerk shall retain a sum, in an amount not |
24 | | to exceed $55 in a county with a population of |
25 | | 3,000,000 or more and in an amount not to exceed $45 in |
26 | | any other county determined by the clerk with the |
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1 | | approval of the Supreme Court, to be used for court |
2 | | automation, court document storage, and administrative |
3 | | purposes. |
4 | | (B) The clerk shall remit up to $21 to the State |
5 | | Treasurer. The State Treasurer shall deposit the |
6 | | appropriate amounts, in accordance with the clerk's |
7 | | instructions, as follows: |
8 | | (i) up to $10, as specified by the Supreme |
9 | | Court in accordance with Part 10A of Article II of |
10 | | the Code of Civil Procedure, into the Mandatory |
11 | | Arbitration Fund; |
12 | | (ii) $2 into the Access to Justice Fund; and |
13 | | (iii) $9 into the Supreme Court Special |
14 | | Purposes Fund. |
15 | | (C) The clerk shall remit a sum to the County |
16 | | Treasurer, in an amount not to exceed $290 in a county |
17 | | with a population of 3,000,000 or more and in an amount |
18 | | not to exceed $250 in any other county, as specified by |
19 | | ordinance or resolution passed by the county board, |
20 | | for purposes related to the operation of the court |
21 | | system in the county. |
22 | | (2) SCHEDULE 2: not to exceed a total of $357 in a |
23 | | county with a population of 3,000,000 or more and not to |
24 | | exceed $266 in any other county, except as applied to |
25 | | units of local government and school districts in counties |
26 | | with more than 3,000,000 inhabitants an amount not to |
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1 | | exceed $190 through December 31, 2021 and $184 on and |
2 | | after January 1, 2022. The fees collected under this |
3 | | schedule shall be disbursed as follows: |
4 | | (A) The clerk shall retain a sum, in an amount not |
5 | | to exceed $55 in a county with a population of |
6 | | 3,000,000 or more and in an amount not to exceed $45 in |
7 | | any other county determined by the clerk with the |
8 | | approval of the Supreme Court, to be used for court |
9 | | automation, court document storage, and administrative |
10 | | purposes. |
11 | | (B) The clerk shall remit up to $21 to the State |
12 | | Treasurer. The State Treasurer shall deposit the |
13 | | appropriate amounts, in accordance with the clerk's |
14 | | instructions, as follows: |
15 | | (i) up to $10, as specified by the Supreme |
16 | | Court in accordance with Part 10A of Article II of |
17 | | the Code of Civil Procedure, into the Mandatory |
18 | | Arbitration Fund; |
19 | | (ii) $2 into the Access to Justice Fund: and |
20 | | (iii) $9 into the Supreme Court Special |
21 | | Purposes Fund. |
22 | | (C) The clerk shall remit a sum to the County |
23 | | Treasurer, in an amount not to exceed $281 in a county |
24 | | with a population of 3,000,000 or more and in an amount |
25 | | not to exceed $200 in any other county, as specified by |
26 | | ordinance or resolution passed by the county board, |
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1 | | for purposes related to the operation of the court |
2 | | system in the county. |
3 | | (3) SCHEDULE 3: not to exceed a total of $265 in a |
4 | | county with a population of 3,000,000 or more and not to |
5 | | exceed $89 in any other county, except as applied to units |
6 | | of local government and school districts in counties with |
7 | | more than 3,000,000 inhabitants an amount not to exceed |
8 | | $190 through December 31, 2021 and $184 on and after |
9 | | January 1, 2022. The fees collected under this schedule |
10 | | shall be disbursed as follows: |
11 | | (A) The clerk shall retain a sum, in an amount not |
12 | | to exceed $55 in a county with a population of |
13 | | 3,000,000 or more and in an amount not to exceed $22 in |
14 | | any other county determined by the clerk with the |
15 | | approval of the Supreme Court, to be used for court |
16 | | automation, court document storage, and administrative |
17 | | purposes. |
18 | | (B) The clerk shall remit $11 to the State |
19 | | Treasurer. The State Treasurer shall deposit the |
20 | | appropriate amounts in accordance with the clerk's |
21 | | instructions, as follows: |
22 | | (i) $2 into the Access to Justice Fund; and |
23 | | (ii) $9 into the Supreme Court Special |
24 | | Purposes Fund. |
25 | | (C) The clerk shall remit a sum to the County |
26 | | Treasurer, in an amount not to exceed $199 in a county |
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1 | | with a population of 3,000,000 or more and in an amount |
2 | | not to exceed $56 in any other county, as specified by |
3 | | ordinance or resolution passed by the county board, |
4 | | for purposes related to the operation of the court |
5 | | system in the county. |
6 | | (4) SCHEDULE 4: $0. |
7 | | (b) Appearance. The fee for filing an appearance in a |
8 | | civil action, including a cannabis civil law action under the |
9 | | Cannabis Control Act, shall be as set forth in the applicable |
10 | | schedule under this subsection in accordance with case |
11 | | categories established by the Supreme Court in schedules. |
12 | | (1) SCHEDULE 1: not to exceed a total of $230 in a |
13 | | county with a population of 3,000,000 or more and not to |
14 | | exceed $191 in any other county, except as applied to |
15 | | units of local government and school districts in counties |
16 | | with more than 3,000,000 inhabitants an amount not to |
17 | | exceed $75. The fees collected under this schedule shall |
18 | | be disbursed as follows: |
19 | | (A) The clerk shall retain a sum, in an amount not |
20 | | to exceed $50 in a county with a population of |
21 | | 3,000,000 or more and in an amount not to exceed $45 in |
22 | | any other county determined by the clerk with the |
23 | | approval of the Supreme Court, to be used for court |
24 | | automation, court document storage, and administrative |
25 | | purposes. |
26 | | (B) The clerk shall remit up to $21 to the State |
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1 | | Treasurer. The State Treasurer shall deposit the |
2 | | appropriate amounts, in accordance with the clerk's |
3 | | instructions, as follows: |
4 | | (i) up to $10, as specified by the Supreme |
5 | | Court in accordance with Part 10A of Article II of |
6 | | the Code of Civil Procedure, into the Mandatory |
7 | | Arbitration Fund; |
8 | | (ii) $2 into the Access to Justice Fund; and |
9 | | (iii) $9 into the Supreme Court Special |
10 | | Purposes Fund. |
11 | | (C) The clerk shall remit a sum to the County |
12 | | Treasurer, in an amount not to exceed $159 in a county |
13 | | with a population of 3,000,000 or more and in an amount |
14 | | not to exceed $125 in any other county, as specified by |
15 | | ordinance or resolution passed by the county board, |
16 | | for purposes related to the operation of the court |
17 | | system in the county. |
18 | | (2) SCHEDULE 2: not to exceed a total of $130 in a |
19 | | county with a population of 3,000,000 or more and not to |
20 | | exceed $109 in any other county, except as applied to |
21 | | units of local government and school districts in counties |
22 | | with more than 3,000,000 inhabitants an amount not to |
23 | | exceed $75. The fees collected under this schedule shall |
24 | | be disbursed as follows: |
25 | | (A) The clerk shall retain a sum, in an amount not |
26 | | to exceed $50 in a county with a population of |
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1 | | 3,000,000 or more and in an amount not to exceed $10 in |
2 | | any other county determined by the clerk with the |
3 | | approval of the Supreme Court, to be used for court |
4 | | automation, court document storage, and administrative |
5 | | purposes. |
6 | | (B) The clerk shall remit $9 to the State |
7 | | Treasurer, which the State Treasurer shall deposit |
8 | | into the Supreme Court Special Purposes Fund. |
9 | | (C) The clerk shall remit a sum to the County |
10 | | Treasurer, in an amount not to exceed $71 in a county |
11 | | with a population of 3,000,000 or more and in an amount |
12 | | not to exceed $90 in any other county, as specified by |
13 | | ordinance or resolution passed by the county board, |
14 | | for purposes related to the operation of the court |
15 | | system in the county. |
16 | | (3) SCHEDULE 3: $0. |
17 | | (b-5) Kane County and Will County. In Kane County and Will |
18 | | County civil cases, there is an additional fee of up to $30 as |
19 | | set by the county board under Section 5-1101.3 of the Counties |
20 | | Code to be paid by each party at the time of filing the first |
21 | | pleading, paper, or other appearance; provided that no |
22 | | additional fee shall be required if more than one party is |
23 | | represented in a single pleading, paper, or other appearance. |
24 | | Distribution of fees collected under this subsection (b-5) |
25 | | shall be as provided in Section 5-1101.3 of the Counties Code. |
26 | | (c) Counterclaim or third party complaint. When any |
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1 | | defendant files a counterclaim or third party complaint, as |
2 | | part of the defendant's answer or otherwise, the defendant |
3 | | shall pay a filing fee for each counterclaim or third party |
4 | | complaint in an amount equal to the filing fee the defendant |
5 | | would have had to pay had the defendant brought a separate |
6 | | action for the relief sought in the counterclaim or third |
7 | | party complaint, less the amount of the appearance fee, if |
8 | | any, that the defendant has already paid in the action in which |
9 | | the counterclaim or third party complaint is filed. |
10 | | (d) Alias summons. The clerk shall collect a fee not to |
11 | | exceed $6 in a county with a population of 3,000,000 or more |
12 | | and not to exceed $5 in any other county for each alias summons |
13 | | or citation issued by the clerk, except as applied to units of |
14 | | local government and school districts in counties with more |
15 | | than 3,000,000 inhabitants an amount not to exceed $5 for each |
16 | | alias summons or citation issued by the clerk. |
17 | | (e) Jury services. The clerk shall collect, in addition to |
18 | | other fees allowed by law, a sum not to exceed $212.50, as a |
19 | | fee for the services of a jury in every civil action not |
20 | | quasi-criminal in its nature and not a proceeding for the |
21 | | exercise of the right of eminent domain and in every other |
22 | | action wherein the right of trial by jury is or may be given by |
23 | | law. The jury fee shall be paid by the party demanding a jury |
24 | | at the time of filing the jury demand. If the fee is not paid |
25 | | by either party, no jury shall be called in the action or |
26 | | proceeding, and the action or proceeding shall be tried by the |
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1 | | court without a jury. |
2 | | (f) Change of venue. In connection with a change of venue: |
3 | | (1) The clerk of the jurisdiction from which the case |
4 | | is transferred may charge a fee, not to exceed $40, for the |
5 | | preparation and certification of the record; and |
6 | | (2) The clerk of the jurisdiction to which the case is |
7 | | transferred may charge the same filing fee as if it were |
8 | | the commencement of a new suit. |
9 | | (g) Petition to vacate or modify. |
10 | | (1) In a proceeding involving a petition to vacate or |
11 | | modify any final judgment or order filed within 30 days |
12 | | after the judgment or order was entered, except for an |
13 | | eviction case, small claims case, petition to reopen an |
14 | | estate, petition to modify, terminate, or enforce a |
15 | | judgment or order for child or spousal support, or |
16 | | petition to modify, suspend, or terminate an order for |
17 | | withholding, the fee shall not exceed $60 in a county with |
18 | | a population of 3,000,000 or more and shall not exceed $50 |
19 | | in any other county, except as applied to units of local |
20 | | government and school districts in counties with more than |
21 | | 3,000,000 inhabitants an amount not to exceed $50. |
22 | | (2) In a proceeding involving a petition to vacate or |
23 | | modify any final judgment or order filed more than 30 days |
24 | | after the judgment or order was entered, except for a |
25 | | petition to modify, terminate, or enforce a judgment or |
26 | | order for child or spousal support, or petition to modify, |
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1 | | suspend, or terminate an order for withholding, the fee |
2 | | shall not exceed $75. |
3 | | (3) In a proceeding involving a motion to vacate or |
4 | | amend a final order, motion to vacate an ex parte |
5 | | judgment, judgment of forfeiture, or "failure to appear" |
6 | | or "failure to comply" notices sent to the Secretary of |
7 | | State, the fee shall equal $40. |
8 | | (h) Appeals preparation. The fee for preparation of a |
9 | | record on appeal shall be based on the number of pages, as |
10 | | follows: |
11 | | (1) if the record contains no more than 100 pages, the |
12 | | fee shall not exceed $70 in a county with a population of |
13 | | 3,000,000 or more and shall not exceed $50 in any other |
14 | | county; |
15 | | (2) if the record contains between 100 and 200 pages, |
16 | | the fee shall not exceed $100; and |
17 | | (3) if the record contains 200 or more pages, the |
18 | | clerk may collect an additional fee not to exceed 25 cents |
19 | | per page. |
20 | | (i) Remands. In any cases remanded to the circuit court |
21 | | from the Supreme Court or the appellate court for a new trial, |
22 | | the clerk shall reinstate the case with either its original |
23 | | number or a new number. The clerk shall not charge any new or |
24 | | additional fee for the reinstatement. Upon reinstatement, the |
25 | | clerk shall advise the parties of the reinstatement. Parties |
26 | | shall have the same right to a jury trial on remand and |
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1 | | reinstatement that they had before the appeal, and no |
2 | | additional or new fee or charge shall be made for a jury trial |
3 | | after remand. |
4 | | (j) Garnishment, wage deduction, and citation. In |
5 | | garnishment affidavit, wage deduction affidavit, and citation |
6 | | petition proceedings: |
7 | | (1) if the amount in controversy in the proceeding is |
8 | | not more than $1,000, the fee may not exceed $35 in a |
9 | | county with a population of 3,000,000 or more and may not |
10 | | exceed $15 in any other county, except as applied to units |
11 | | of local government and school districts in counties with |
12 | | more than 3,000,000 inhabitants an amount not to exceed |
13 | | $15; |
14 | | (2) if the amount in controversy in the proceeding is |
15 | | greater than $1,000 and not more than $5,000, the fee may |
16 | | not exceed $45 in a county with a population of 3,000,000 |
17 | | or more and may not exceed $30 in any other county, except |
18 | | as applied to units of local government and school |
19 | | districts in counties with more than 3,000,000 inhabitants |
20 | | an amount not to exceed $30; and |
21 | | (3) if the amount in controversy in the proceeding is |
22 | | greater than $5,000, the fee may not exceed $65 in a county |
23 | | with a population of 3,000,000 or more and may not exceed |
24 | | $50 in any other county, except as applied to units of |
25 | | local government and school districts in counties with |
26 | | more than 3,000,000 inhabitants an amount not to exceed |
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1 | | $50. |
2 | | (j-5) Debt collection. In any proceeding to collect a debt |
3 | | subject to the exception in item (ii) of subparagraph (A-5) of |
4 | | paragraph (1) of subsection (z) of this Section, the circuit |
5 | | court shall order and the clerk shall collect from each |
6 | | judgment debtor a fee of: |
7 | | (1) $35 if the amount in controversy in the proceeding |
8 | | is not more than $1,000; |
9 | | (2) $45 if the amount in controversy in the proceeding |
10 | | is greater than $1,000 and not more than $5,000; and |
11 | | (3) $65 if the amount in controversy in the proceeding |
12 | | is greater than $5,000. |
13 | | (k) Collections. |
14 | | (1) For all collections made of others, except the |
15 | | State and county and except in maintenance or child |
16 | | support cases, the clerk may collect a fee of up to 2.5% of |
17 | | the amount collected and turned over. |
18 | | (2) In child support and maintenance cases, the clerk |
19 | | may collect an annual fee of up to $36 from the person |
20 | | making payment for maintaining child support records and |
21 | | the processing of support orders to the State of Illinois |
22 | | KIDS system and the recording of payments issued by the |
23 | | State Disbursement Unit for the official record of the |
24 | | Court. This fee is in addition to and separate from |
25 | | amounts ordered to be paid as maintenance or child support |
26 | | and shall be deposited into a Separate Maintenance and |
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1 | | Child Support Collection Fund, of which the clerk shall be |
2 | | the custodian, ex officio, to be used by the clerk to |
3 | | maintain child support orders and record all payments |
4 | | issued by the State Disbursement Unit for the official |
5 | | record of the Court. The clerk may recover from the person |
6 | | making the maintenance or child support payment any |
7 | | additional cost incurred in the collection of this annual |
8 | | fee. |
9 | | (3) The clerk may collect a fee of $5 for |
10 | | certifications made to the Secretary of State as provided |
11 | | in Section 7-703 of the Illinois Vehicle Code, and this |
12 | | fee shall be deposited into the Separate Maintenance and |
13 | | Child Support Collection Fund. |
14 | | (4) In proceedings
to foreclose the lien of delinquent |
15 | | real estate taxes, State's Attorneys
shall receive a fee |
16 | | of 10%
of the total amount realized from the sale of real |
17 | | estate sold in the
proceedings. The clerk shall collect |
18 | | the fee from the total amount realized from
the sale of the |
19 | | real estate sold in the proceedings and remit to the |
20 | | County Treasurer to be credited to the earnings of the |
21 | | Office of the State's Attorney. |
22 | | (l) Mailing. The fee for the clerk mailing documents shall |
23 | | not exceed $10 plus the cost of postage. |
24 | | (m) Certified copies. The fee for each certified copy of a |
25 | | judgment, after the first copy, shall not exceed $10. |
26 | | (n) Certification, authentication, and reproduction. |
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1 | | (1) The fee for each certification or authentication |
2 | | for taking the acknowledgment of a deed or other |
3 | | instrument in writing with the seal of office shall not |
4 | | exceed $6. |
5 | | (2) The fee for reproduction of any document contained |
6 | | in the clerk's files shall not exceed: |
7 | | (A) $2 for the first page; |
8 | | (B) 50 cents per page for the next 19 pages; and |
9 | | (C) 25 cents per page for all additional pages. |
10 | | (o) Record search. For each record search, within a |
11 | | division or municipal district, the clerk may collect a search |
12 | | fee not to exceed $6 for each year searched. |
13 | | (p) Hard copy. For each page of hard copy print output, |
14 | | when case records are maintained on an automated medium, the |
15 | | clerk may collect a fee not to exceed $10 in a county with a |
16 | | population of 3,000,000 or more and not to exceed $6 in any |
17 | | other county, except as applied to units of local government |
18 | | and school districts in counties with more than 3,000,000 |
19 | | inhabitants an amount not to exceed $6. |
20 | | (q) Index inquiry and other records. No fee shall be |
21 | | charged for a single plaintiff and defendant index inquiry or |
22 | | single case record inquiry when this request is made in person |
23 | | and the records are maintained in a current automated medium, |
24 | | and when no hard copy print output is requested. The fees to be |
25 | | charged for management records, multiple case records, and |
26 | | multiple journal records may be specified by the Chief Judge |
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1 | | pursuant to the guidelines for access and dissemination of |
2 | | information approved by the Supreme Court. |
3 | | (r) Performing a marriage. There shall be a $10 fee for |
4 | | performing a marriage in court. |
5 | | (s) Voluntary assignment. For filing each deed of |
6 | | voluntary assignment, the clerk shall collect a fee not to |
7 | | exceed $20. For recording a deed of voluntary assignment, the |
8 | | clerk shall collect a fee not to exceed 50 cents for each 100 |
9 | | words. Exceptions filed to claims presented to an assignee of |
10 | | a debtor who has made a voluntary assignment for the benefit of |
11 | | creditors shall be considered and treated, for the purpose of |
12 | | taxing costs therein, as actions in which the party or parties |
13 | | filing the exceptions shall be considered as party or parties |
14 | | plaintiff, and the claimant or claimants as party or parties |
15 | | defendant, and those parties respectively shall pay to the |
16 | | clerk the same fees as provided by this Section to be paid in |
17 | | other actions. |
18 | | (t) Expungement petition. Except as provided in Sections |
19 | | 1–19 and 5-915 of the Juvenile Court Act of 1987, the The clerk |
20 | | may collect a fee not to exceed $60 for each expungement |
21 | | petition filed and an additional fee not to exceed $4 for each |
22 | | certified copy of an order to expunge arrest records. |
23 | | (u) Transcripts of judgment. For the filing of a |
24 | | transcript of judgment, the clerk may collect the same fee as |
25 | | if it were the commencement of a new suit. |
26 | | (v) Probate filings. |
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| | SB1463 | - 19 - | LRB103 25983 RLC 52337 b |
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1 | | (1) For each account (other than one final account) |
2 | | filed in the estate of a decedent, or ward, the fee shall |
3 | | not exceed $25. |
4 | | (2) For filing a claim in an estate when the amount |
5 | | claimed is greater than $150 and not more than $500, the |
6 | | fee shall not exceed $40 in a county with a population of |
7 | | 3,000,000 or more and shall not exceed $25 in any other |
8 | | county; when the amount claimed is greater than $500 and |
9 | | not more than $10,000, the fee shall not exceed $55 in a |
10 | | county with a population of 3,000,000 or more and shall |
11 | | not exceed $40 in any other county; and when the amount |
12 | | claimed is more than $10,000, the fee shall not exceed $75 |
13 | | in a county with a population of 3,000,000 or more and |
14 | | shall not exceed $60 in any other county; except the court |
15 | | in allowing a claim may add to the amount allowed the |
16 | | filing fee paid by the claimant. |
17 | | (3) For filing in an estate a claim, petition, or |
18 | | supplemental proceeding based upon an action seeking |
19 | | equitable relief including the construction or contest of |
20 | | a will, enforcement of a contract to make a will, and |
21 | | proceedings involving testamentary trusts or the |
22 | | appointment of testamentary trustees, the fee shall not |
23 | | exceed $60. |
24 | | (4) There shall be no fee for filing in an estate: (i) |
25 | | the appearance of any person for the purpose of consent; |
26 | | or (ii) the appearance of an executor, administrator, |
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| | SB1463 | - 20 - | LRB103 25983 RLC 52337 b |
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1 | | administrator to collect, guardian, guardian ad litem, or |
2 | | special administrator. |
3 | | (5) For each jury demand, the fee shall not exceed |
4 | | $137.50. |
5 | | (6) For each certified copy of letters of office, of |
6 | | court order, or other certification, the fee shall not |
7 | | exceed
$2 per page. |
8 | | (7) For each exemplification, the fee shall not exceed |
9 | | $2, plus the fee for certification. |
10 | | (8) The executor, administrator, guardian, petitioner, |
11 | | or other interested person or his or her attorney shall |
12 | | pay the cost of publication by the clerk directly to the |
13 | | newspaper. |
14 | | (9) The person on whose behalf a charge is incurred |
15 | | for witness, court reporter, appraiser, or other |
16 | | miscellaneous fees shall pay the same directly to the |
17 | | person entitled thereto. |
18 | | (10) The executor, administrator, guardian, |
19 | | petitioner, or other interested person or his or her |
20 | | attorney shall pay to the clerk all postage charges |
21 | | incurred by the clerk in mailing petitions, orders, |
22 | | notices, or other documents pursuant to the provisions of |
23 | | the Probate Act of 1975. |
24 | | (w) Corrections of numbers. For correction of the case |
25 | | number, case title, or attorney computer identification |
26 | | number, if required by rule of court, on any document filed in |
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| | SB1463 | - 21 - | LRB103 25983 RLC 52337 b |
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1 | | the clerk's office, to be charged against the party that filed |
2 | | the document, the fee shall not exceed $25. |
3 | | (x) Miscellaneous. |
4 | | (1) Interest earned on any fees collected by the clerk |
5 | | shall be turned over to the county general fund as an |
6 | | earning of the office. |
7 | | (2) For any check, draft, or other bank instrument |
8 | | returned to the clerk for non-sufficient funds, account |
9 | | closed, or payment stopped, the clerk shall collect a fee |
10 | | of $25. |
11 | | (y) Other fees. Any fees not covered in this Section shall |
12 | | be set by rule or administrative order of the circuit court |
13 | | with the approval of the Administrative Office of the Illinois |
14 | | Courts. The clerk of the circuit court may provide services in |
15 | | connection with the operation of the clerk's office, other |
16 | | than those services mentioned in this Section, as may be |
17 | | requested by the public and agreed to by the clerk and approved |
18 | | by the Chief Judge. Any charges for additional services shall |
19 | | be as agreed to between the clerk and the party making the |
20 | | request and approved by the Chief Judge. Nothing in this |
21 | | subsection shall be construed to require any clerk to provide |
22 | | any service not otherwise required by law. |
23 | | (y-5) Unpaid fees. Unless a court ordered payment schedule |
24 | | is implemented or the fee
requirements of this Section are |
25 | | waived under a court order, the clerk of
the circuit court may |
26 | | add to any unpaid fees and costs under this Section a |
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| | SB1463 | - 22 - | LRB103 25983 RLC 52337 b |
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1 | | delinquency
amount equal to 5% of the unpaid fees that remain |
2 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid |
3 | | after 60 days, and 15% of the unpaid fees
that remain unpaid |
4 | | after 90 days. Notice to those parties may be made by
signage |
5 | | posting or publication. The additional delinquency amounts |
6 | | collected under this Section shall
be deposited into the |
7 | | Circuit Court Clerk Operations and Administration Fund and |
8 | | used to defray additional administrative costs incurred by the |
9 | | clerk of the
circuit court in collecting unpaid fees and |
10 | | costs. |
11 | | (z) Exceptions. |
12 | | (1) No fee authorized by this Section shall apply to: |
13 | | (A) police departments or other law enforcement |
14 | | agencies. In this Section, "law enforcement agency" |
15 | | means: an agency of the State or agency of a unit of |
16 | | local government which is vested by law or ordinance |
17 | | with the duty to maintain public order and to enforce |
18 | | criminal laws or ordinances; the Attorney General; or |
19 | | any State's Attorney; |
20 | | (A-5) any unit of local government or school |
21 | | district, except in counties having a population of |
22 | | 500,000 or more the county board may by resolution set |
23 | | fees for units of local government or school districts |
24 | | no greater than the minimum fees applicable in |
25 | | counties with a population less than 3,000,000; |
26 | | provided however, no fee may be charged to any unit of |
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| | SB1463 | - 23 - | LRB103 25983 RLC 52337 b |
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1 | | local government or school district in connection with |
2 | | any action which, in whole or in part, is: (i) to |
3 | | enforce an ordinance; (ii) to collect a debt; or (iii) |
4 | | under the Administrative Review Law; |
5 | | (B) any action instituted by the corporate |
6 | | authority of a municipality with more than 1,000,000 |
7 | | inhabitants under Section 11-31-1 of the Illinois |
8 | | Municipal Code and any action instituted under |
9 | | subsection (b) of Section 11-31-1 of the Illinois |
10 | | Municipal Code by a private owner or tenant of real |
11 | | property within 1,200 feet of a dangerous or unsafe |
12 | | building seeking an order compelling the owner or |
13 | | owners of the building to take any of the actions |
14 | | authorized under that subsection; |
15 | | (C) any commitment petition or petition for an |
16 | | order authorizing the administration of psychotropic |
17 | | medication or electroconvulsive therapy under the |
18 | | Mental Health and Developmental Disabilities Code; |
19 | | (D) a petitioner in any order of protection |
20 | | proceeding, including, but not limited to, fees for |
21 | | filing, modifying, withdrawing, certifying, or |
22 | | photocopying petitions for orders of protection, |
23 | | issuing alias summons, any related filing service, or |
24 | | certifying, modifying, vacating, or photocopying any |
25 | | orders of protection; or |
26 | | (E) proceedings for the appointment of a |
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| | SB1463 | - 24 - | LRB103 25983 RLC 52337 b |
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1 | | confidential intermediary under the Adoption Act ; . |
2 | | (F) a minor subject to Article III, IV, or V of the |
3 | | Juvenile Court Act of 1987, or the minor's parent, |
4 | | guardian, or legal custodian; or |
5 | | (G) a minor under the age of 18 transferred to |
6 | | adult court or excluded from juvenile court |
7 | | jurisdiction under Article V of the Juvenile Court Act |
8 | | of 1987, or the minor's parent, guardian, or legal |
9 | | custodian. |
10 | | (2) No fee other than the filing fee contained in the |
11 | | applicable schedule in subsection (a) shall be charged to |
12 | | any person in connection with an adoption proceeding. |
13 | | (3) Upon good cause shown, the court may waive any |
14 | | fees associated with a special needs adoption. The term |
15 | | "special needs adoption" has the meaning provided by the |
16 | | Illinois Department of Children and Family Services. |
17 | | (aa) This Section is repealed on January 1, 2024.
|
18 | | (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; |
19 | | 102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. |
20 | | 5-13-22.) |
21 | | (705 ILCS 105/27.3b-1) |
22 | | Sec. 27.3b-1. Minimum fines; disbursement of fines. |
23 | | (a) Unless otherwise specified by law, the minimum fine |
24 | | for a conviction or supervision disposition on a minor traffic |
25 | | offense is $25 and the minimum fine for a conviction, |
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| | SB1463 | - 25 - | LRB103 25983 RLC 52337 b |
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1 | | supervision disposition, or violation based upon a plea of |
2 | | guilty or finding of guilt for any other offense is $75. If the |
3 | | court
finds that the fine would impose an undue burden on the |
4 | | victim,
the court may reduce or waive the fine. In this |
5 | | subsection (a), "victim" shall not be construed to include the |
6 | | defendant. |
7 | | (a-5) Except for traffic fines, the court shall not order |
8 | | any fees, fines, costs, or other applicable assessments |
9 | | authorized under this Section against a minor subject to |
10 | | Article III, IV, or V of the Juvenile Court Act of 1987, or a |
11 | | minor under the age of 18 transferred to adult court or |
12 | | excluded from juvenile court jurisdiction under Article V of |
13 | | the Juvenile Court Act of 1987, or the minor's parent, |
14 | | guardian, or legal custodian. |
15 | | (b) Unless otherwise specified by law, all fines imposed |
16 | | on a misdemeanor offense, other than a traffic, conservation, |
17 | | or driving under the influence offense, or on a felony offense |
18 | | shall be disbursed
within 60 days after receipt by the circuit
|
19 | | clerk to the county treasurer for deposit into the county's |
20 | | General Fund. Unless otherwise specified by law, all fines |
21 | | imposed on an ordinance offense or a misdemeanor traffic, |
22 | | misdemeanor conservation, or misdemeanor driving under the |
23 | | influence offense shall be disbursed
within 60 days after |
24 | | receipt by the circuit
clerk to the treasurer of the unit of |
25 | | government of the arresting agency. If the arresting agency is |
26 | | the office of the sheriff, the county treasurer shall deposit |
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| | SB1463 | - 26 - | LRB103 25983 RLC 52337 b |
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1 | | the portion into a fund to support the law enforcement |
2 | | operations of the office of the sheriff. If the arresting |
3 | | agency is a State agency, the State Treasurer shall deposit |
4 | | the portion as follows: |
5 | | (1) if the arresting agency is the Illinois State |
6 | | Police, into the State Police Law Enforcement |
7 | | Administration Fund; |
8 | | (2) if the arresting agency is the Department of |
9 | | Natural Resources, into the Conservation Police Operations |
10 | | Assistance Fund; |
11 | | (3) if the arresting agency is the Secretary of State, |
12 | | into the Secretary of State Police Services Fund; and |
13 | | (4) if the arresting agency is the Illinois Commerce |
14 | | Commission, into the Transportation Regulatory Fund.
|
15 | | (Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21.) |
16 | | Section 15. The Criminal and Traffic Assessment Act is |
17 | | amended by changing Sections 5-5, 5-10, 5-15, and 15-70 as |
18 | | follows: |
19 | | (705 ILCS 135/5-5)
|
20 | | (Section scheduled to be repealed on January 1, 2024) |
21 | | Sec. 5-5. Minimum fine.
Unless otherwise specified by law, |
22 | | the minimum fine for a conviction or supervision disposition |
23 | | on a minor traffic offense is $25 and the minimum fine for a |
24 | | conviction, supervision disposition, or violation based upon a |
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| | SB1463 | - 27 - | LRB103 25983 RLC 52337 b |
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1 | | plea of guilty or finding of guilt for any other offense is |
2 | | $75. If the court finds that the fine would impose an undue |
3 | | burden on the victim, the court may reduce or waive the fine. |
4 | | In this Section, "victim" shall not be construed to include |
5 | | the defendant.
Except for traffic fines, the court shall not |
6 | | order any fees, fines, costs, or other applicable assessments |
7 | | authorized under this Section against a minor subject to |
8 | | Article III, IV, or V of the Juvenile Court Act of 1987, or a |
9 | | minor under the age of 18 transferred to adult court or |
10 | | excluded from juvenile court jurisdiction under Article V of |
11 | | the Juvenile Court Act of 1987, or the minor's parent, |
12 | | guardian, or legal custodian.
|
13 | | (Source: P.A. 100-987, eff. 7-1-19 .) |
14 | | (705 ILCS 135/5-10)
|
15 | | (Section scheduled to be repealed on January 1, 2024) |
16 | | Sec. 5-10. Schedules; payment.
|
17 | | (a) In each case, the court shall order an assessment at |
18 | | the time of sentencing, as set forth in this Act, for a |
19 | | defendant to pay in addition to any fine, restitution, or |
20 | | forfeiture ordered by the court when the defendant is |
21 | | convicted of, pleads guilty to, or is placed on court |
22 | | supervision for a violation of a statute of this State or a |
23 | | similar local ordinance. The court may order a fine, |
24 | | restitution, or forfeiture on any violation that is being |
25 | | sentenced but shall order only one assessment from the |
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| | SB1463 | - 28 - | LRB103 25983 RLC 52337 b |
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1 | | Schedule of Assessments 1 through 13 of this Act for all |
2 | | sentenced violations in a case, that being the schedule |
3 | | applicable to the highest classified offense violation that is |
4 | | being sentenced, plus any conditional assessments under |
5 | | Section 15-70 of this Act applicable to any sentenced |
6 | | violation in the case. |
7 | | (a-5) Except for restitution and traffic violations, the |
8 | | court shall not order any fees, fines, costs, or other |
9 | | applicable assessments authorized under this Section against a |
10 | | minor subject to Article III, IV, or V of the Juvenile Court |
11 | | Act of 1987, or a minor under the age of 18 transferred to |
12 | | adult court or excluded from juvenile court jurisdiction under |
13 | | Article V of the Juvenile Court Act of 1987, or the minor's |
14 | | parent, guardian, or legal custodian. |
15 | | (b) If the court finds that the schedule of assessments |
16 | | will cause an undue burden on any victim in a case or if the |
17 | | court orders community service or some other punishment in |
18 | | place of the applicable schedule of assessments, the court may |
19 | | reduce the amount set forth in the applicable schedule of |
20 | | assessments or not order the applicable schedule of |
21 | | assessments. If the court reduces the amount set forth in the |
22 | | applicable schedule of assessments, then all recipients of the |
23 | | funds collected will receive a prorated amount to reflect the |
24 | | reduction. |
25 | | (c) The court may order the assessments to be paid |
26 | | forthwith or within a specified period of time or in |
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| | SB1463 | - 29 - | LRB103 25983 RLC 52337 b |
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1 | | installments. |
2 | | (c-3) Excluding any ordered conditional assessment, if
the |
3 | | assessment is not paid within the period of probation, |
4 | | conditional
discharge, or supervision to which the defendant |
5 | | was originally sentenced,
the court may extend the period of |
6 | | probation, conditional discharge, or
supervision under Section |
7 | | 5-6-2 or 5-6-3.1 of the Unified Code of
Corrections, as |
8 | | applicable, until the assessment is paid or until
successful |
9 | | completion of public or community service set forth in
|
10 | | subsection (b) of Section 5-20 of this Act or the successful |
11 | | completion of the substance abuse
intervention or treatment |
12 | | program set forth in subsection (c-5) of this Section. |
13 | | Except for traffic violations, the court shall not order a |
14 | | fee or other cost under this subsection (c-3) against a minor |
15 | | subject to Article III, IV, or V of the Juvenile Court Act of |
16 | | 1987, or a minor under the age of 18 transferred to adult court |
17 | | or excluded from juvenile court jurisdiction under Article V |
18 | | of the Juvenile Court Act of 1987, or the minor's parent, |
19 | | guardian, or legal custodian. |
20 | | (c-5) Excluding any ordered conditional assessment, the |
21 | | court may suspend the collection of the assessment; provided, |
22 | | the defendant agrees to enter a substance
abuse intervention |
23 | | or treatment program approved by the court; and further
|
24 | | provided that the defendant agrees to pay for all or some |
25 | | portion of the
costs associated with the intervention or |
26 | | treatment program. In this case,
the collection of the |
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| | SB1463 | - 30 - | LRB103 25983 RLC 52337 b |
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1 | | assessment shall be
suspended during the defendant's |
2 | | participation in the approved
intervention or treatment |
3 | | program. Upon successful
completion of the program, the |
4 | | defendant may apply to the court to reduce
the assessment |
5 | | imposed under this Section by any amount actually paid
by the |
6 | | defendant for his or her participation in the program. The |
7 | | court shall not
reduce the assessment under this subsection |
8 | | unless the defendant
establishes to the satisfaction of the |
9 | | court that he or she has successfully
completed the |
10 | | intervention or treatment program. If the defendant's
|
11 | | participation is for any reason terminated before his or her |
12 | | successful completion
of the intervention or treatment |
13 | | program, collection of the entire
assessment imposed under |
14 | | this Act shall be enforced. Nothing in this
Section shall be |
15 | | deemed to affect or suspend any other fines, restitution
|
16 | | costs, forfeitures, or assessments imposed under this or any |
17 | | other Act. |
18 | | Except for traffic violations, the court shall not order a |
19 | | fee or other cost under this subsection (c-5) against a minor |
20 | | subject to Article III, IV, or V of the Juvenile Court Act of |
21 | | 1987, or a minor under the age of 18 transferred to adult court |
22 | | or excluded from juvenile court jurisdiction under Article V |
23 | | of the Juvenile Court Act of 1987, or the minor's parent, |
24 | | guardian, or legal custodian. |
25 | | (d) Except as provided in Section 5-15 of this Act, the |
26 | | defendant shall pay to the clerk of the court and the clerk |
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| | SB1463 | - 31 - | LRB103 25983 RLC 52337 b |
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1 | | shall remit the assessment to the appropriate entity as set |
2 | | forth in the ordered schedule of assessments within one month |
3 | | of its receipt. |
4 | | (e) Unless a court ordered payment schedule is implemented |
5 | | or the assessment
requirements of this Act are waived under a |
6 | | court order, the clerk of
the circuit court may add to any |
7 | | unpaid assessments under this Act a delinquency
amount equal |
8 | | to 5% of the unpaid assessments that remain unpaid after 30 |
9 | | days, 10% of
the unpaid assessments that remain unpaid after |
10 | | 60 days, and 15% of the unpaid assessments
that remain unpaid |
11 | | after 90 days. Notice to those parties may be made by
signage |
12 | | posting or publication. The additional delinquency amounts |
13 | | collected under this Section shall
be deposited into the |
14 | | Circuit Clerk Operations and Administration Fund and used to |
15 | | defray additional administrative costs incurred by the clerk |
16 | | of the
circuit court in collecting unpaid assessments.
|
17 | | (f) The clerk of the circuit court shall not add |
18 | | delinquency amounts to unpaid assessments against a minor |
19 | | subject to Article III, IV, or V of the Juvenile Court Act of |
20 | | 1987, or a minor under the age of 18 transferred to adult court |
21 | | or excluded from juvenile court jurisdiction under Article V |
22 | | of the Juvenile Court Act of 1987, or the minor's parent, |
23 | | guardian, or legal custodian. |
24 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .) |
25 | | (705 ILCS 135/5-15)
|
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| | SB1463 | - 32 - | LRB103 25983 RLC 52337 b |
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1 | | (Section scheduled to be repealed on January 1, 2024) |
2 | | Sec. 5-15. Service provider costs.
Unless otherwise |
3 | | provided in Article 15 of this Act, the defendant shall pay |
4 | | service provider costs to the entity that provided the |
5 | | service. Service provider costs are not eligible for credit |
6 | | for time served, substitution of community service, or waiver. |
7 | | The circuit court may, through administrative order or local |
8 | | rule, appoint the clerk of the court as the receiver and |
9 | | remitter of certain service provider costs, which may include, |
10 | | but are not limited to, probation fees, traffic school fees, |
11 | | or drug or alcohol testing fees. Except for traffic |
12 | | violations, the costs, fees, or any other assessments |
13 | | referenced in this Section shall not apply to a minor subject |
14 | | to Article III, IV, or V of the Juvenile Court Act of 1987, or |
15 | | a minor under the age of 18 transferred to adult court or |
16 | | excluded from juvenile court jurisdiction under Article V of |
17 | | the Juvenile Court Act of 1987, or the minor's parent, |
18 | | guardian, or legal custodian.
|
19 | | (Source: P.A. 100-987, eff. 7-1-19 .) |
20 | | (705 ILCS 135/15-70)
|
21 | | (Section scheduled to be repealed on January 1, 2024) |
22 | | Sec. 15-70. Conditional assessments. In addition to |
23 | | payments under one of the Schedule of Assessments 1 through 13 |
24 | | of this Act, the court shall also order payment of any of the |
25 | | following conditional assessment amounts for each sentenced |
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| | SB1463 | - 33 - | LRB103 25983 RLC 52337 b |
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1 | | violation in the case to which a conditional assessment is |
2 | | applicable, which shall be collected and remitted by the Clerk |
3 | | of the Circuit Court as provided in this Section: |
4 | | (1) arson, residential arson, or aggravated arson, |
5 | | $500 per conviction to the State Treasurer for deposit |
6 | | into the Fire Prevention Fund; |
7 | | (2) child pornography under Section 11-20.1 of the |
8 | | Criminal Code of 1961 or the Criminal Code of 2012, $500 |
9 | | per conviction, unless more than one agency is responsible |
10 | | for the arrest in which case the amount shall be remitted |
11 | | to each unit of government equally: |
12 | | (A) if the arresting agency is an agency of a unit |
13 | | of local government, $500 to the treasurer of the unit |
14 | | of local government for deposit into the unit of local |
15 | | government's General Fund, except that if the Illinois |
16 | | State Police provides digital or electronic forensic |
17 | | examination assistance, or both, to the arresting |
18 | | agency then $100 to the State Treasurer for deposit |
19 | | into the State Crime Laboratory Fund; or |
20 | | (B) if the arresting agency is the Illinois State |
21 | | Police, $500 to the State Treasurer for deposit into |
22 | | the State Crime Laboratory Fund; |
23 | | (3)
crime laboratory drug analysis for a drug-related |
24 | | offense involving possession or delivery of cannabis or |
25 | | possession or delivery of a controlled substance as |
26 | | defined in the Cannabis Control Act, the Illinois |
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| | SB1463 | - 34 - | LRB103 25983 RLC 52337 b |
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1 | | Controlled Substances Act, or the Methamphetamine Control |
2 | | and Community Protection Act, $100 reimbursement for |
3 | | laboratory analysis, as set forth in subsection (f) of |
4 | | Section 5-9-1.4 of the Unified Code of Corrections; |
5 | | (4)
DNA analysis, $250 on each conviction in which it |
6 | | was used to the State Treasurer for deposit into the State |
7 | | Crime Laboratory Fund as set forth in Section 5-9-1.4 of |
8 | | the Unified Code of Corrections; |
9 | | (5)
DUI analysis, $150 on each sentenced violation in |
10 | | which it was used as set forth in subsection (f) of Section |
11 | | 5-9-1.9 of the Unified Code of Corrections; |
12 | | (6) drug-related
offense involving possession or |
13 | | delivery of cannabis or possession or delivery
of a |
14 | | controlled substance, other than methamphetamine, as |
15 | | defined in the Cannabis Control Act
or the Illinois |
16 | | Controlled Substances Act, an amount not less than
the |
17 | | full street value of the cannabis or controlled substance |
18 | | seized for each conviction to be disbursed as follows: |
19 | | (A) 12.5% of the street value assessment shall be |
20 | | paid into the Youth Drug Abuse Prevention Fund, to be |
21 | | used by the Department of Human Services for the |
22 | | funding of programs and services for drug-abuse |
23 | | treatment, and prevention and education services; |
24 | | (B) 37.5% to the county in which the charge was |
25 | | prosecuted, to be deposited into the county General |
26 | | Fund; |
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1 | | (C) 50% to the treasurer of the arresting law |
2 | | enforcement agency of the municipality or county, or |
3 | | to the State Treasurer if the arresting agency was a |
4 | | state agency, to be deposited as provided in |
5 | | subsection (c) of Section 10-5; |
6 | | (D) if the arrest was made in combination with |
7 | | multiple law enforcement agencies, the clerk shall |
8 | | equitably allocate the portion in subparagraph (C) of |
9 | | this paragraph (6) among the law enforcement agencies |
10 | | involved in the arrest; |
11 | | (6.5) Kane County or Will County, in felony, |
12 | | misdemeanor, local or county ordinance, traffic, or |
13 | | conservation cases, up to $30 as set by the county board |
14 | | under Section 5-1101.3 of the Counties Code upon the entry |
15 | | of a judgment of conviction, an order of supervision, or a |
16 | | sentence of probation without entry of judgment under |
17 | | Section 10 of the Cannabis Control Act, Section 410 of the |
18 | | Illinois Controlled Substances Act, Section 70 of the |
19 | | Methamphetamine Control and Community Protection Act, |
20 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of |
21 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
22 | | Section 10-102 of the Illinois Alcoholism and Other Drug |
23 | | Dependency Act, or Section 10 of the Steroid Control Act; |
24 | | except in local or county ordinance, traffic, and |
25 | | conservation cases, if fines are paid in full without a |
26 | | court appearance, then the assessment shall not be imposed |
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1 | | or collected. Distribution of assessments collected under |
2 | | this paragraph (6.5) shall be as provided in Section |
3 | | 5-1101.3 of the Counties Code; |
4 | | (7) methamphetamine-related
offense involving |
5 | | possession or delivery of methamphetamine or any salt of |
6 | | an optical isomer of methamphetamine or possession of a |
7 | | methamphetamine manufacturing material as set forth in |
8 | | Section 10 of the Methamphetamine Control and Community |
9 | | Protection Act with the intent to manufacture a substance |
10 | | containing methamphetamine or salt of an optical isomer of |
11 | | methamphetamine, an amount not less than
the full street |
12 | | value of the methamphetamine or salt of an optical isomer |
13 | | of methamphetamine or methamphetamine manufacturing |
14 | | materials seized for each conviction to be disbursed as |
15 | | follows: |
16 | | (A) 12.5% of the street value assessment shall be |
17 | | paid into the Youth Drug Abuse Prevention Fund, to be |
18 | | used by the Department of Human Services for the |
19 | | funding of programs and services for drug-abuse |
20 | | treatment, and prevention and education services; |
21 | | (B) 37.5% to the county in which the charge was |
22 | | prosecuted, to be deposited into the county General |
23 | | Fund; |
24 | | (C) 50% to the treasurer of the arresting law |
25 | | enforcement agency of the municipality or county, or |
26 | | to the State Treasurer if the arresting agency was a |
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1 | | state agency, to be deposited as provided in |
2 | | subsection (c) of Section 10-5; |
3 | | (D) if the arrest was made in combination with |
4 | | multiple law enforcement agencies, the clerk shall |
5 | | equitably allocate the portion in subparagraph (C) of |
6 | | this paragraph (6) among the law enforcement agencies |
7 | | involved in the arrest; |
8 | | (8)
order of protection violation under Section 12-3.4 |
9 | | of the Criminal Code of 2012, $200 for each conviction to |
10 | | the county treasurer for deposit into the Probation and |
11 | | Court Services Fund for implementation of a domestic |
12 | | violence surveillance program and any other assessments or |
13 | | fees imposed under Section 5-9-1.16 of the Unified Code of |
14 | | Corrections; |
15 | | (9)
order of protection violation, $25 for each |
16 | | violation to the State Treasurer, for deposit into the |
17 | | Domestic Violence Abuser Services Fund; |
18 | | (10)
prosecution by the State's Attorney of a: |
19 | | (A) petty or business offense, $4 to the county |
20 | | treasurer of which $2 deposited into the State's |
21 | | Attorney Records Automation Fund and $2 into the |
22 | | Public Defender Records Automation Fund; |
23 | | (B) conservation or traffic offense, $2 to the |
24 | | county treasurer for deposit into the State's Attorney |
25 | | Records Automation Fund; |
26 | | (11) speeding in a construction zone violation, $250 |
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1 | | to the State Treasurer for deposit into the Transportation |
2 | | Safety Highway Hire-back Fund, unless (i) the violation |
3 | | occurred on a highway other than an interstate highway and |
4 | | (ii) a county police officer wrote the ticket for the |
5 | | violation, in which case to the county treasurer for |
6 | | deposit into that county's Transportation Safety Highway |
7 | | Hire-back Fund; |
8 | | (12) supervision disposition on an offense under the |
9 | | Illinois Vehicle Code or similar provision of a local |
10 | | ordinance, 50 cents, unless waived by the court, into the |
11 | | Prisoner Review Board Vehicle and Equipment Fund; |
12 | | (13) victim and offender are family or household |
13 | | members as defined in Section 103 of the Illinois Domestic |
14 | | Violence Act of 1986 and offender pleads guilty
or no |
15 | | contest to or is convicted of murder, voluntary |
16 | | manslaughter,
involuntary manslaughter, burglary, |
17 | | residential burglary, criminal trespass
to residence, |
18 | | criminal trespass to vehicle, criminal trespass to land,
|
19 | | criminal damage to property, telephone harassment, |
20 | | kidnapping, aggravated
kidnaping, unlawful restraint, |
21 | | forcible detention, child abduction,
indecent solicitation |
22 | | of a child, sexual relations between siblings,
|
23 | | exploitation of a child, child pornography, assault, |
24 | | aggravated assault,
battery, aggravated battery, heinous |
25 | | battery, aggravated battery of a
child, domestic battery, |
26 | | reckless conduct, intimidation, criminal sexual
assault, |
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1 | | predatory criminal sexual assault of a child, aggravated |
2 | | criminal
sexual assault, criminal sexual abuse,
aggravated |
3 | | criminal sexual abuse, violation of an order of |
4 | | protection,
disorderly conduct, endangering the life or |
5 | | health of a child, child
abandonment, contributing to |
6 | | dependency or neglect of child, or cruelty to
children and |
7 | | others, $200 for each sentenced violation to the State |
8 | | Treasurer
for deposit as follows: (i) for sexual assault, |
9 | | as defined in Section 5-9-1.7 of the Unified Code of |
10 | | Corrections, when
the offender and victim are family |
11 | | members, one-half to the Domestic Violence
Shelter and |
12 | | Service Fund, and one-half to the Sexual Assault Services |
13 | | Fund;
(ii) for the remaining offenses to the Domestic |
14 | | Violence Shelter and Service
Fund; |
15 | | (14)
violation of Section 11-501 of the Illinois |
16 | | Vehicle Code, Section 5-7 of the Snowmobile Registration |
17 | | and Safety Act, Section 5-16 of the Boat Registration and |
18 | | Safety Act, or a similar provision, whose operation of a |
19 | | motor vehicle, snowmobile, or watercraft while in |
20 | | violation of Section 11-501, Section 5-7 of the Snowmobile |
21 | | Registration and Safety Act, Section 5-16 of the Boat |
22 | | Registration and Safety Act, or a similar provision |
23 | | proximately caused an incident resulting in an appropriate |
24 | | emergency response, $1,000 maximum to the public agency |
25 | | that provided an emergency response related to the |
26 | | person's violation, or as provided in subsection (c) of |
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1 | | Section 10-5 if the arresting agency was a State agency, |
2 | | unless more than one agency was responsible for the |
3 | | arrest, in which case the amount shall be remitted to each |
4 | | unit of government equally; |
5 | | (15)
violation of Section 401, 407, or 407.2 of the |
6 | | Illinois Controlled Substances Act that proximately caused |
7 | | any incident resulting in an appropriate drug-related |
8 | | emergency response, $1,000 as reimbursement for the |
9 | | emergency response to the law enforcement agency that
made |
10 | | the arrest, or as provided in subsection (c) of Section |
11 | | 10-5 if the arresting agency was a State agency, unless |
12 | | more than one agency was responsible for the arrest, in |
13 | | which case the amount shall be remitted to each unit of |
14 | | government equally; |
15 | | (16)
violation of reckless driving, aggravated |
16 | | reckless driving, or driving 26 miles per hour or more in |
17 | | excess of the speed limit that triggered an emergency |
18 | | response, $1,000 maximum reimbursement for the emergency |
19 | | response to be distributed in its entirety to a public |
20 | | agency that provided an emergency response related to the |
21 | | person's violation, or as provided in subsection (c) of |
22 | | Section 10-5 if the arresting agency was a State agency, |
23 | | unless more than one agency was responsible for the |
24 | | arrest, in which case the amount shall be remitted to each |
25 | | unit of government equally; |
26 | | (17) violation based upon each plea of guilty, |
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1 | | stipulation of facts, or finding of guilt resulting in a |
2 | | judgment of conviction or order of supervision for an |
3 | | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of |
4 | | the Criminal Code of 2012 that results in the imposition |
5 | | of a fine, to be distributed as follows:
|
6 | | (A) $50 to the county treasurer for deposit into |
7 | | the Circuit Court Clerk Operation and Administrative |
8 | | Fund to cover the costs in administering this |
9 | | paragraph (17);
|
10 | | (B) $300 to the State Treasurer who shall deposit |
11 | | the portion as follows:
|
12 | | (i) if the arresting or investigating agency |
13 | | is the Illinois State
Police, into the State |
14 | | Police Law Enforcement Administration Fund;
|
15 | | (ii) if the arresting or investigating agency |
16 | | is the Department of
Natural Resources, into the |
17 | | Conservation Police Operations Assistance Fund;
|
18 | | (iii) if the arresting or investigating agency |
19 | | is the Secretary of State,
into the Secretary of |
20 | | State Police Services Fund;
|
21 | | (iv) if the arresting or investigating agency |
22 | | is the Illinois Commerce
Commission, into the |
23 | | Transportation Regulatory Fund; or
|
24 | | (v) if more than one of the State agencies in |
25 | | this subparagraph (B) is the arresting or |
26 | | investigating agency, then equal shares with the |
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1 | | shares deposited as provided in the applicable |
2 | | items (i) through (iv) of this subparagraph (B); |
3 | | and |
4 | | (C) the remainder for deposit into the Specialized |
5 | | Services for Survivors of Human Trafficking Fund;
|
6 | | (18) weapons violation under Section 24-1.1, 24-1.2, |
7 | | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code |
8 | | of 2012, $100 for each conviction to the State Treasurer |
9 | | for deposit into the Trauma Center Fund; and
|
10 | | (19) violation of subsection (c) of Section 11-907 of |
11 | | the Illinois Vehicle Code, $250 to the State Treasurer for |
12 | | deposit into the Scott's Law Fund, unless a county or |
13 | | municipal police officer wrote the ticket for the |
14 | | violation, in which case to the county treasurer for |
15 | | deposit into that county's or municipality's |
16 | | Transportation Safety Highway Hire-back Fund to be used as |
17 | | provided in subsection (j) of Section 11-907 of the |
18 | | Illinois Vehicle Code. |
19 | | Except for traffic violations, the fees, fines, or other |
20 | | assessments under this Section shall not apply to a minor |
21 | | subject to Article III, IV, or V of the Juvenile Court Act of |
22 | | 1987, or a minor under the age of 18 transferred to adult court |
23 | | or excluded from juvenile court jurisdiction under Article V |
24 | | of the Juvenile Court Act of 1987, or the minor's parent, |
25 | | guardian, or legal custodian. |
26 | | (Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20; |
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1 | | 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff. |
2 | | 8-20-21; 102-813, eff. 5-13-22.) |
3 | | Section 20. The Juvenile Court Act of 1987 is amended by |
4 | | changing Sections 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-14, 4-16, |
5 | | 4-18, 4-21, 5-525, 5-610, 5-615, 5-710, 5-715, 5-915, 6-7, and |
6 | | 6-9 and by adding Section 1-19 as follows: |
7 | | (705 ILCS 405/1-19 new) |
8 | | Sec. 1-19. Assessments and outstanding balances owed by |
9 | | minors or their parents, guardians, or legal custodians; |
10 | | report. |
11 | | (a) The court shall not order any assessments, such as |
12 | | fees, fines, or administrative costs, except for those |
13 | | provided in Section 5-125 of this Act, against a minor subject |
14 | | to Article III, IV, or V of this Act or against the minor's |
15 | | parent, guardian, or legal custodian. |
16 | | (b) The court shall not order fees, fines, or |
17 | | administrative costs, except for those provided in Section |
18 | | 5-125 of this Act, against a minor under the age of 18 |
19 | | transferred to adult court or excluded from juvenile court |
20 | | jurisdiction under Article V of this Act, or the minor's |
21 | | parent, guardian, or legal custodian. |
22 | | (c) Except for assessments made in traffic, boating, or |
23 | | fish and game law, or municipal ordinance violations as |
24 | | provided in Section 5-125 of this Act, any judgment, order, |
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| | SB1463 | - 44 - | LRB103 25983 RLC 52337 b |
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1 | | agreement, or other legally enforceable encumbrance directing |
2 | | a minor or his or her parent, guardian, or legal custodian to |
3 | | pay assessments prior to the effective date of this amendatory |
4 | | Act of the 103rd General Assembly is null, void, and not |
5 | | collectible if there remains a balance due, including |
6 | | interest, penalties, or collection fees. |
7 | | (d) Within 90 calendar days after the effective date of |
8 | | this amendatory Act of the 103rd General Assembly, the court |
9 | | shall automatically vacate all orders or other legally |
10 | | enforceable encumbrances directing a minor or his or her |
11 | | parent, guardian, or legal custodian to pay any fees, fines, |
12 | | or administrative costs of any balances due, including |
13 | | interest, penalties, or collection fees, as of the effective |
14 | | date of this amendatory Act of the 103rd General Assembly. |
15 | | (e) Within 30 calendar days after the effective date of |
16 | | this amendatory Act of the 103rd General Assembly, the clerk |
17 | | of the circuit court shall provide written notice to any and |
18 | | all collection agencies and circuit court staff to inform them |
19 | | that any pending or outstanding fees, fines, or administrative |
20 | | costs made not collectible by this amendatory Act of the 103rd |
21 | | General Assembly have been vacated and are null, void, and not |
22 | | collectible. |
23 | | (f) Within 30 calendar days after the effective date of |
24 | | this amendatory Act of the 103rd General Assembly, the |
25 | | probation officer, if applicable, or any other designated |
26 | | person from the juvenile probation department and the clerk of |
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| | SB1463 | - 45 - | LRB103 25983 RLC 52337 b |
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1 | | the circuit court shall provide written notice to the minor |
2 | | and the minor's parent, guardian, or legal custodian that, as |
3 | | of the effective date of this amendatory Act of the 103rd |
4 | | General Assembly, all payment obligations are discharged for |
5 | | any pending or outstanding fees, fines, or administrative |
6 | | costs made not collectible by this amendatory Act of the 103rd |
7 | | General Assembly. |
8 | | (g) If a payment is made by a minor or his or her parent, |
9 | | guardian, or legal custodian on or after the effective date of |
10 | | this amendatory Act of the 103rd General Assembly, the clerk |
11 | | of the circuit court shall automatically and immediately |
12 | | reimburse payments made towards fees, fines, and costs made |
13 | | null, void, and uncollectible by this amendatory Act of the |
14 | | 103rd General Assembly. |
15 | | (h) One year after the effective date of this amendatory |
16 | | Act of the 103rd General Assembly, the Administrative Office |
17 | | of the Illinois Courts shall report to the General Assembly: |
18 | | (1) the number of judgments, orders, agreements, or |
19 | | other legally enforceable encumbrances vacated pursuant to |
20 | | this Section in each judicial district; and |
21 | | (2) the total balances of fees, fines, and |
22 | | administrative costs vacated in each judicial district.
|
23 | | (705 ILCS 405/3-17) (from Ch. 37, par. 803-17)
|
24 | | Sec. 3-17. Summons. (1) When a petition is filed, the |
25 | | clerk of the court
shall issue a summons with a copy of the |
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| | SB1463 | - 46 - | LRB103 25983 RLC 52337 b |
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1 | | petition attached. The summons
shall be directed to the |
2 | | minor's legal guardian or custodian and to each person
named |
3 | | as a respondent in the petition, except that summons need not |
4 | | be
directed to a minor respondent under 8 years of age for whom |
5 | | the court
appoints a guardian ad litem if the guardian ad litem |
6 | | appears on behalf of
the minor in any proceeding under this |
7 | | Act.
|
8 | | (2) The summons must contain a statement that the minor or |
9 | | any of the
respondents is entitled to have an attorney present |
10 | | at the hearing on the
petition, and that the clerk of the court |
11 | | should be notified promptly if
the minor or any other |
12 | | respondent desires to be represented by an attorney
but is |
13 | | financially unable to employ counsel.
|
14 | | (3) The summons shall be issued under the seal of the |
15 | | court, attested to
and signed with the name of the clerk of the |
16 | | court, dated on the day it is
issued, and shall require each |
17 | | respondent to appear and answer the petition
on the date set |
18 | | for the adjudicatory hearing.
|
19 | | (4) The summons may be served by any county sheriff, |
20 | | coroner or
probation officer, even though the officer is the |
21 | | petitioner. The return of
the summons with endorsement of |
22 | | service by the officer is sufficient proof
thereof.
|
23 | | (5) Service of a summons and petition shall be made by: (a) |
24 | | leaving a
copy thereof with the person summoned at least 3 days |
25 | | before the time
stated therein for appearance; (b) leaving a |
26 | | copy at his usual place
of abode with some person of the |
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1 | | family, of the age of 10 years or upwards,
and informing that |
2 | | person of the contents thereof, provided the officer or
other |
3 | | person making service shall also send a copy of the summons in |
4 | | a
sealed envelope with postage fully prepaid, addressed to the |
5 | | person
summoned at his usual place of abode, at least 3 days |
6 | | before the time
stated therein for appearance; or (c) leaving |
7 | | a copy thereof with the
guardian or custodian of a minor, at |
8 | | least 3 days before the time stated
therein for appearance. If |
9 | | the guardian or custodian is an agency of the
State of |
10 | | Illinois, proper service may be made by leaving a copy of the
|
11 | | summons and petition with any administrative employee of such |
12 | | agency
designated by such agency to accept service of summons |
13 | | and petitions.
The certificate of the officer or affidavit of |
14 | | the person that he has sent
the copy pursuant to this Section |
15 | | is sufficient proof of service.
|
16 | | (6) When a parent or other person, who has signed a written |
17 | | promise to
appear and bring the minor to court or who has |
18 | | waived or acknowledged service,
fails to appear with the minor |
19 | | on the date set by the court, a
bench warrant may be issued for |
20 | | the parent or other person, the minor, or both.
|
21 | | (7) The appearance of the minor's legal guardian or |
22 | | custodian, or a
person named as a respondent in a petition, in |
23 | | any proceeding under this
Act shall constitute a waiver of |
24 | | service of summons and submission to the
jurisdiction of the |
25 | | court. A copy of the summons and petition shall be
provided to |
26 | | the person at the time of his appearance.
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| | SB1463 | - 48 - | LRB103 25983 RLC 52337 b |
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1 | | (8) The court shall not order the minor or his or her |
2 | | parent, guardian, or legal custodian to pay fees, fines, or |
3 | | administrative costs in the service of process. |
4 | | (Source: P.A. 86-441.)
|
5 | | (705 ILCS 405/3-19) (from Ch. 37, par. 803-19)
|
6 | | Sec. 3-19. Guardian ad litem.
|
7 | | (1) Immediately upon the filing of a
petition alleging |
8 | | that the minor requires authoritative intervention,
the court |
9 | | may appoint a guardian ad litem for the minor if
|
10 | | (a) such petition alleges that the minor is the victim |
11 | | of sexual
abuse or misconduct; or
|
12 | | (b) such petition alleges that charges alleging the |
13 | | commission
of any of the sex offenses defined in Article |
14 | | 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
15 | | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the |
16 | | Criminal
Code of 1961 or the Criminal Code of 2012, have |
17 | | been filed against a defendant in
any court and that such |
18 | | minor is the alleged victim of the acts
of the defendant in |
19 | | the commission of such offense.
|
20 | | (2) Unless the guardian ad litem appointed pursuant to |
21 | | paragraph
(1) is an attorney at law he shall be represented in |
22 | | the performance
of his duties by counsel.
|
23 | | (3) Before proceeding with the hearing, the court shall
|
24 | | appoint a guardian ad litem for the minor if
|
25 | | (a) no parent, guardian, custodian or relative of the |
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1 | | minor appears
at the first or any subsequent hearing of |
2 | | the case;
|
3 | | (b) the petition prays for the appointment of a |
4 | | guardian with power
to consent to adoption; or
|
5 | | (c) the petition for which the minor is before the |
6 | | court resulted
from a report made pursuant to the Abused |
7 | | and Neglected Child Reporting Act.
|
8 | | (4) The court may appoint a guardian ad litem for the minor |
9 | | whenever
it finds that there may be a conflict of interest |
10 | | between the minor and
his parents or other custodian or that it |
11 | | is otherwise in the minor's
interest to do so.
|
12 | | (5) The reasonable fees of a guardian ad litem appointed |
13 | | under this
Section shall be fixed by the court and charged to |
14 | | the parents of the
minor, to the extent they are able to pay. |
15 | | If the parents are unable to
pay those fees, they shall be paid |
16 | | from the general fund of the county.
|
17 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
18 | | (705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
|
19 | | Sec. 3-21. Continuance under supervision.
|
20 | | (1) The court may enter an
order of continuance under |
21 | | supervision (a) upon an admission or stipulation
by the |
22 | | appropriate respondent or minor respondent of the facts |
23 | | supporting
the petition and before proceeding to findings and |
24 | | adjudication, or after
hearing the evidence at the |
25 | | adjudicatory hearing but before noting in the
minutes of |
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| | SB1463 | - 50 - | LRB103 25983 RLC 52337 b |
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1 | | proceedings a finding of whether or not the minor is a person
|
2 | | requiring authoritative intervention; and (b) in the absence |
3 | | of objection
made in open court by the minor, his parent, |
4 | | guardian, custodian,
responsible relative, defense attorney or |
5 | | the State's Attorney.
|
6 | | (2) If the minor, his parent, guardian, custodian, |
7 | | responsible
relative, defense attorney or State's Attorney, |
8 | | objects in open court to
any such continuance and insists upon |
9 | | proceeding to findings and
adjudication, the court shall so |
10 | | proceed.
|
11 | | (3) Nothing in this Section limits the power of the court |
12 | | to order a
continuance of the hearing for the production of |
13 | | additional evidence or
for any other proper reason.
|
14 | | (4) When a hearing where a minor is alleged to be a minor |
15 | | requiring
authoritative intervention is continued pursuant to |
16 | | this Section, the court
may permit the minor to remain in his |
17 | | home subject to such conditions
concerning his conduct and |
18 | | supervision as the court may require by order.
|
19 | | (5) If a petition is filed charging a violation of a |
20 | | condition of the
continuance under supervision, the court |
21 | | shall conduct a hearing. If the court
finds that such |
22 | | condition of supervision has not been fulfilled the court may
|
23 | | proceed to findings and adjudication and disposition. The |
24 | | filing of a
petition for violation of a condition of the |
25 | | continuance under supervision
shall toll the period of |
26 | | continuance under supervision until the final
determination of |
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1 | | the charge, and the term of the continuance under
supervision |
2 | | shall not run until the hearing and disposition of the |
3 | | petition for
violation; provided where the petition alleges |
4 | | conduct that does not constitute
a criminal offense, the |
5 | | hearing must be held within 15 days of the filing
of the |
6 | | petition unless a delay in such hearing has been occasioned by |
7 | | the
minor, in which case the delay shall continue the tolling |
8 | | of the period
of continuance under supervision for the period |
9 | | of such delay.
|
10 | | (6) (Blank). The court must impose upon a minor under an |
11 | | order of continuance
under
supervision or an order of |
12 | | disposition under this Article III, as a condition
of the |
13 | | order, a fee of $25 for each month or partial month of |
14 | | supervision with
a probation officer. If the court determines |
15 | | the inability of the minor, or
the parent, guardian, or legal |
16 | | custodian of the minor to pay the fee, the
court may impose a |
17 | | lesser fee. The court may not impose the fee on a minor who
is |
18 | | placed in the guardianship or custody of the Department of |
19 | | Children and Family Services under this Act. The fee may be |
20 | | imposed only upon
a minor who is actively supervised by the |
21 | | probation and court services
department. The fee must be |
22 | | collected by the clerk of the circuit court. The
clerk of the |
23 | | circuit court must pay all monies collected from this fee to |
24 | | the
county treasurer for deposit into the probation and court |
25 | | services fund under
Section 15.1 of the Probation and |
26 | | Probation Officers Act.
|
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1 | | (Source: P.A. 100-159, eff. 8-18-17.)
|
2 | | (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
|
3 | | Sec. 3-24. Kinds of dispositional orders.
|
4 | | (1) The following kinds of orders of disposition may be |
5 | | made in respect to
wards of the court: A minor found to be |
6 | | requiring authoritative intervention
under Section 3-3 may be |
7 | | (a) committed to the Department of Children and Family
|
8 | | Services, subject to Section 5 of the Children and Family |
9 | | Services Act; (b)
placed under supervision and released to his |
10 | | or her parents, guardian or legal
custodian; (c) placed in |
11 | | accordance with Section 3-28 with or without also
being placed |
12 | | under supervision. Conditions of supervision may be modified |
13 | | or
terminated by the court if it deems that the best interests |
14 | | of the minor and
the public will be served thereby; (d) ordered |
15 | | partially or completely
emancipated in accordance with the |
16 | | provisions of the Emancipation of
Minors Act; or (e) subject |
17 | | to having his or her driver's license or driving
privilege |
18 | | suspended for such time as determined by the Court but only |
19 | | until he
or she attains 18 years of age.
|
20 | | (2) Any order of disposition may provide for protective |
21 | | supervision
under Section 3-25 and may include an order of |
22 | | protection under Section 3-26.
|
23 | | (3) Unless the order of disposition expressly so provides, |
24 | | it does
not operate to close proceedings on the pending |
25 | | petition, but is subject
to modification until final closing |
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1 | | and discharge of the proceedings
under Section 3-32.
|
2 | | (4) In addition to any other order of disposition, the |
3 | | court may order
any person found to be a minor requiring |
4 | | authoritative intervention under
Section 3-3 to make |
5 | | restitution, in monetary or non-monetary form, under
the terms |
6 | | and conditions of Section 5-5-6 of the Unified Code of
|
7 | | Corrections, except that the "presentence hearing" referred to |
8 | | therein
shall be the dispositional hearing for purposes of |
9 | | this Section. The
parent, guardian or legal custodian of the |
10 | | minor may pay some or all of
such restitution on the minor's |
11 | | behalf.
|
12 | | (5) Any order for disposition where the minor is committed |
13 | | or placed in
accordance with Section 3-28 shall provide for |
14 | | the parents or guardian of
the estate of such minor to pay to |
15 | | the legal custodian or guardian of the
person of the minor such |
16 | | sums as are determined by the custodian or guardian
of the |
17 | | person of the minor as necessary for the minor's needs. Such |
18 | | payments
may not exceed the maximum amounts provided for by |
19 | | Section 9.1 of the
Children and Family Services Act.
|
20 | | (6) Whenever the order of disposition requires the minor |
21 | | to attend
school or participate in a program of training, the |
22 | | truant officer or
designated school official shall regularly |
23 | | report to the court if the minor
is a chronic or habitual |
24 | | truant under Section 26-2a of the School Code.
|
25 | | (7) (Blank). The court must impose upon a minor under an |
26 | | order of continuance
under supervision or an order of |
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1 | | disposition under this Article III, as a
condition of the |
2 | | order, a fee of $25 for each month or partial month of
|
3 | | supervision with a probation officer. If the court determines |
4 | | the inability of
the minor, or the parent, guardian, or legal |
5 | | custodian of the minor to pay the
fee, the court may impose a |
6 | | lesser fee. The court may not impose the fee on a
minor who is |
7 | | placed in the guardianship or custody of the Department of |
8 | | Children and Family Services under this Act. The fee may be |
9 | | imposed
only upon a minor who is actively supervised by the |
10 | | probation and court
services department. The fee must be |
11 | | collected by the clerk of the circuit
court. The clerk of the |
12 | | circuit court must pay all monies collected from this
fee to |
13 | | the county treasurer for deposit into the probation and court |
14 | | services
fund under Section 15.1 of the Probation and |
15 | | Probation Officers Act.
|
16 | | (Source: P.A. 100-159, eff. 8-18-17.)
|
17 | | (705 ILCS 405/3-33.5) |
18 | | Sec. 3-33.5. Truant minors in need of supervision.
|
19 | | (a) Definition. A
minor who is reported by the office of |
20 | | the regional superintendent of schools as a chronic truant may |
21 | | be subject to a petition for adjudication and adjudged a
|
22 | | truant minor in need of supervision, provided that prior to |
23 | | the filing of the petition, the office
of the regional |
24 | | superintendent of schools or a community truancy review board |
25 | | certifies that the local school has provided appropriate |
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1 | | truancy intervention services
to the truant minor and his or |
2 | | her family. For purposes of this Section, "truancy |
3 | | intervention services"
means services designed to assist the |
4 | | minor's return to an educational program, and includes but is |
5 | | not
limited to: assessments, counseling, mental health |
6 | | services, shelter, optional and alternative education
|
7 | | programs, tutoring, and educational advocacy. If, after review |
8 | | by the regional office of education or
community truancy |
9 | | review board, it is determined the local
school did not |
10 | | provide the appropriate interventions, then the minor shall be |
11 | | referred to a comprehensive community
based youth service |
12 | | agency for truancy intervention services. If the comprehensive |
13 | | community based youth service
agency is incapable to provide |
14 | | intervention services, then this requirement for services is
|
15 | | not applicable. The comprehensive community based youth |
16 | | service agency shall submit reports to the office of the
|
17 | | regional superintendent of schools or truancy review board |
18 | | within 20, 40, and 80 school days of the initial referral or at |
19 | | any other time requested by the
office of the regional |
20 | | superintendent of schools or truancy review board, which |
21 | | reports each shall certify the date of the minor's referral |
22 | | and the extent of the
minor's progress and participation in |
23 | | truancy intervention services provided by the comprehensive |
24 | | community based youth service agency. In addition, if, after |
25 | | referral by the office of the regional superintendent of
|
26 | | schools or community truancy review board, the minor
declines |
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1 | | or refuses to fully participate in truancy intervention |
2 | | services provided by the comprehensive community based
youth |
3 | | service agency, then the agency shall immediately certify such |
4 | | facts to the office of the regional
superintendent of schools |
5 | | or community truancy review board. |
6 | | (a-1) There is a rebuttable presumption that a chronic |
7 | | truant is a truant
minor in need of supervision. |
8 | | (a-2) There is a rebuttable presumption that school |
9 | | records of a minor's
attendance at school are authentic. |
10 | | (a-3) For purposes of this Section, "chronic truant" has |
11 | | the meaning
ascribed to it in Section 26-2a of the School Code. |
12 | | (a-4) For purposes of this Section, a "community truancy |
13 | | review board" is a local community based board comprised of |
14 | | but not limited to: representatives from local comprehensive |
15 | | community based youth service agencies, representatives from |
16 | | court service agencies, representatives from local schools, |
17 | | representatives from health service agencies, and |
18 | | representatives from local professional and community |
19 | | organizations as deemed appropriate by the office of the |
20 | | regional superintendent of schools. The regional |
21 | | superintendent of schools must approve the establishment and |
22 | | organization of a community truancy review board, and the |
23 | | regional superintendent of schools or his or her designee |
24 | | shall chair the board. |
25 | | (a-5) Nothing in this Section shall be construed to create |
26 | | a private cause of action or right of recovery against a |
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1 | | regional office of education, its superintendent, or its staff |
2 | | with respect to truancy intervention services where the |
3 | | determination to provide the services is made in good faith. |
4 | | (b) Kinds of dispositional orders. A minor found to be a |
5 | | truant minor
in need of supervision may be: |
6 | | (1) committed to the appropriate
regional |
7 | | superintendent of schools for a student assistance team |
8 | | staffing, a service plan, or referral to a comprehensive |
9 | | community based youth service agency; |
10 | | (2) required to comply with a service
plan as |
11 | | specifically provided by the appropriate regional |
12 | | superintendent of
schools; |
13 | | (3) ordered to obtain counseling or other supportive |
14 | | services; |
15 | | (4) (blank); |
16 | | (5) required to perform some reasonable public service |
17 | | work that does not interfere with school hours, |
18 | | school-related activities, or work commitments of the |
19 | | minor or the minor's parent, guardian, or legal custodian |
20 | | such as, but
not limited to, the picking up of litter in |
21 | | public parks or along public
highways or the maintenance |
22 | | of public facilities ; or |
23 | | (6) (blank). |
24 | | A dispositional order may include public service only if |
25 | | the court has made an
express written finding that a truancy |
26 | | prevention program has been offered by
the school, regional |
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1 | | superintendent of schools, or a comprehensive community based |
2 | | youth service
agency to the truant minor in need of |
3 | | supervision. |
4 | | (c) Orders entered under this Section may be enforced by |
5 | | contempt
proceedings.
The Court shall not order fees or fines |
6 | | in contempt proceedings under this Section.
|
7 | | (Source: P.A. 102-456, eff. 1-1-22 .)
|
8 | | (705 ILCS 405/4-14) (from Ch. 37, par. 804-14)
|
9 | | Sec. 4-14. Summons. (1) When a petition is filed, the |
10 | | clerk of the
court shall issue a summons with a copy of the |
11 | | petition attached. The
summons shall be directed to the |
12 | | minor's legal guardian or custodian and to
each person named |
13 | | as a respondent in the petition, except that summons need
not |
14 | | be directed to a minor respondent under 8 years of age for whom |
15 | | the
court appoints a guardian ad litem if the guardian ad litem |
16 | | appears on
behalf of the minor in any proceeding under this |
17 | | Act.
|
18 | | (2) The summons must contain a statement that the minor or |
19 | | any of the
respondents is entitled to have an attorney present |
20 | | at the hearing on the
petition, and that the clerk of the court |
21 | | should be notified promptly if
the minor or any other |
22 | | respondent desires to be represented by an attorney
but is |
23 | | financially unable to employ counsel.
|
24 | | (3) The summons shall be issued under the seal of the |
25 | | court, attested to
and signed with the name of the clerk of the |
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1 | | court, dated on the day it is
issued, and shall require each |
2 | | respondent to appear and answer the petition
on the date set |
3 | | for the adjudicatory hearing.
|
4 | | (4) The summons may be served by any county sheriff, |
5 | | coroner or
probation officer, even though the officer is the |
6 | | petitioner. The return of
the summons with endorsement of |
7 | | service by the officer is sufficient proof
thereof.
|
8 | | (5) Service of a summons and petition shall be made by: (a) |
9 | | leaving a
copy thereof with the person summoned at least 3 days |
10 | | before the time
stated therein for appearance; (b) leaving a |
11 | | copy at his usual place
of abode with some person of the |
12 | | family, of the age of 10 years or upwards,
and informing that |
13 | | person of the contents thereof, provided that the officer or
|
14 | | other person making service shall also send a copy of the |
15 | | summons in a
sealed envelope with postage fully prepaid, |
16 | | addressed to the person
summoned at his usual place of abode, |
17 | | at least 3 days before the time
stated therein for appearance; |
18 | | or (c) leaving a copy thereof with the
guardian or custodian of |
19 | | a minor, at least 3 days before the time stated
therein for |
20 | | appearance. If the guardian or custodian is an agency of the
|
21 | | State of Illinois, proper service may be made by leaving a copy |
22 | | of the
summons and petition with any administrative employee |
23 | | of such agency
designated by such agency to accept service of |
24 | | summons and petitions.
The certificate of the officer or |
25 | | affidavit of the person that he has sent
the copy pursuant to |
26 | | this Section is sufficient proof of service.
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1 | | (6) When a parent or other person, who has signed a written |
2 | | promise to
appear and bring the minor to court or who has |
3 | | waived or acknowledged service,
fails to appear with the minor |
4 | | on the date set by the court, a bench
warrant may be issued for |
5 | | the parent or other person, the minor, or both.
|
6 | | (7) The appearance of the minor's legal guardian or |
7 | | custodian, or a
person named as a respondent in a petition, in |
8 | | any proceeding under this
Act shall constitute a waiver of |
9 | | service of summons and submission to the
jurisdiction of the |
10 | | court. A copy of the summons and petition shall be
provided to |
11 | | the person at the time of his appearance.
|
12 | | (8) The court shall not order the minor or his or her |
13 | | parent, guardian, or legal custodian to pay fees, fines, or |
14 | | administrative costs in the service of process. |
15 | | (Source: P.A. 86-441.)
|
16 | | (705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
|
17 | | Sec. 4-16. Guardian ad litem.
|
18 | | (1) Immediately upon the filing of a
petition alleging |
19 | | that the minor is a person described in Section 4-3 of
this |
20 | | Act, the court may appoint a guardian ad litem for the minor |
21 | | if:
|
22 | | (a) such petition alleges that the minor is the victim |
23 | | of sexual
abuse or misconduct; or
|
24 | | (b) such petition alleges that charges alleging the |
25 | | commission
of any of the sex offenses defined in Article |
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1 | | 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
2 | | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the |
3 | | Criminal
Code of 1961 or the Criminal Code of 2012, have |
4 | | been filed against a defendant in
any court and that such |
5 | | minor is the alleged victim of the acts
of the defendant in |
6 | | the commission of such offense.
|
7 | | Unless the guardian ad litem appointed pursuant to this |
8 | | paragraph
(1) is an attorney at law he shall be represented in |
9 | | the performance
of his duties by counsel.
|
10 | | (2) Before proceeding with the hearing, the court shall
|
11 | | appoint a guardian ad litem for the minor if
|
12 | | (a) no parent, guardian, custodian or relative of the |
13 | | minor appears
at the first or any subsequent hearing of |
14 | | the case;
|
15 | | (b) the petition prays for the appointment of a |
16 | | guardian with power
to consent to adoption; or
|
17 | | (c) the petition for which the minor is before the |
18 | | court resulted
from a report made pursuant to the Abused |
19 | | and Neglected Child Reporting Act.
|
20 | | (3) The court may appoint a guardian ad litem for the minor |
21 | | whenever
it finds that there may be a conflict of interest |
22 | | between the minor and
his parents or other custodian or that it |
23 | | is otherwise in the minor's
interest to do so.
|
24 | | (4) Unless the guardian ad litem is an attorney, he shall |
25 | | be
represented by counsel.
|
26 | | (5) The reasonable fees of a guardian ad litem appointed |
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1 | | under this
Section shall be fixed by the court and charged to |
2 | | the parents of the
minor, to the extent they are able to pay. |
3 | | If the parents are unable to
pay those fees, they shall be paid |
4 | | from the general fund of the county.
|
5 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
6 | | (705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
|
7 | | Sec. 4-18. Continuance under supervision.
|
8 | | (1) The court may enter an
order of continuance under |
9 | | supervision (a) upon an admission or stipulation
by the |
10 | | appropriate respondent or minor respondent of the facts |
11 | | supporting
the petition and before proceeding to findings and |
12 | | adjudication, or after
hearing the evidence at the |
13 | | adjudicatory hearing but before noting in the
minutes of the |
14 | | proceeding a finding of whether or not the minor is an
addict, |
15 | | and (b) in the absence of objection made in open court by the
|
16 | | minor, his parent, guardian, custodian, responsible relative, |
17 | | defense
attorney or the State's Attorney.
|
18 | | (2) If the minor, his parent, guardian, custodian, |
19 | | responsible
relative, defense attorney or State's Attorney, |
20 | | objects in open court to
any such continuance and insists upon |
21 | | proceeding to findings and
adjudication, the court shall so |
22 | | proceed.
|
23 | | (3) Nothing in this Section limits the power of the court |
24 | | to order a
continuance of the hearing for the production of |
25 | | additional evidence or
for any other proper reason.
|
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1 | | (4) When a hearing is continued pursuant to this Section, |
2 | | the court
may permit the minor to remain in his home subject to |
3 | | such conditions
concerning his conduct and supervision as the |
4 | | court may require by order.
|
5 | | (5) If a petition is filed charging a violation of a |
6 | | condition of the
continuance under supervision, the court |
7 | | shall conduct a hearing. If the court
finds that such |
8 | | condition of supervision has not been fulfilled the court may
|
9 | | proceed to findings and adjudication and disposition. The |
10 | | filing of a
petition for violation of a condition of the |
11 | | continuance under supervision
shall toll the period of |
12 | | continuance under supervision until the final
determination of |
13 | | the charge, and the term of the continuance under
supervision |
14 | | shall not run until the hearing and disposition of the |
15 | | petition for
violation; provided where the petition alleges |
16 | | conduct that does not constitute
a criminal offense, the |
17 | | hearing must be held within 15 days of the filing
of the |
18 | | petition unless a delay in such hearing has been occasioned by |
19 | | the
minor, in which case the delay shall continue the tolling |
20 | | of the period
of continuance under supervision for the period |
21 | | of such delay.
|
22 | | (6) (Blank). The court must impose upon a minor under an |
23 | | order of continuance
under
supervision or an order of |
24 | | disposition under this Article IV, as a condition
of the |
25 | | order, a fee of $25 for each month or partial month of |
26 | | supervision
with
a probation officer. If the court determines |
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1 | | the inability of the minor, or
the parent, guardian, or legal |
2 | | custodian of the minor to pay the fee, the
court may impose a |
3 | | lesser fee. The court may not impose the fee on a minor who
is |
4 | | placed in the guardianship or custody of the Department of |
5 | | Children and Family Services under this Act. The fee may be |
6 | | imposed only upon
a minor who is actively supervised by the |
7 | | probation and court services
department. The fee must be |
8 | | collected by the clerk of the circuit court. The
clerk of the |
9 | | circuit court must pay all monies collected from this fee to |
10 | | the
county treasurer for deposit into the probation and court |
11 | | services fund under
Section 15.1 of the Probation and |
12 | | Probation Officers Act.
|
13 | | (Source: P.A. 100-159, eff. 8-18-17.)
|
14 | | (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
|
15 | | Sec. 4-21. Kinds of dispositional orders.
|
16 | | (1) A minor found to be
addicted under Section 4-3 may be |
17 | | (a) committed to the Department of
Children and Family |
18 | | Services, subject to Section 5 of the Children and Family
|
19 | | Services Act; (b) placed
under supervision and released to his |
20 | | or her parents, guardian or legal
custodian; (c) placed in |
21 | | accordance with Section 4-25 with or without also
being placed |
22 | | under supervision. Conditions of supervision may be modified
|
23 | | or terminated by the court if it deems that the best interests |
24 | | of the minor and
the public will be served thereby; (d)
|
25 | | required to attend an approved alcohol or drug abuse treatment |
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1 | | or counseling
program
on an inpatient or outpatient basis |
2 | | instead
of or in addition to the disposition otherwise |
3 | | provided for in this
paragraph; (e) ordered partially or |
4 | | completely emancipated in accordance
with the provisions of |
5 | | the Emancipation of Minors Act; or (f)
subject to having his or |
6 | | her driver's license or driving privilege
suspended for such |
7 | | time as determined by the Court but only until he or she
|
8 | | attains 18 years of age. No disposition
under this subsection |
9 | | shall provide for the minor's placement in a secure
facility.
|
10 | | (2) Any order of disposition may provide for protective |
11 | | supervision
under Section 4-22 and may include an order of |
12 | | protection under Section 4-23.
|
13 | | (3) Unless the order of disposition expressly so provides, |
14 | | it does
not operate to close proceedings on the pending |
15 | | petition, but is subject
to modification until final closing |
16 | | and discharge of the proceedings
under Section 4-29.
|
17 | | (4) In addition to any other order of disposition, the |
18 | | court may
order any minor found to be addicted under this |
19 | | Article as neglected with
respect to his or her own injurious |
20 | | behavior, to
make restitution, in monetary or non-monetary |
21 | | form, under the terms and
conditions of Section 5-5-6 of the |
22 | | Unified Code of
Corrections, except that the "presentence |
23 | | hearing" referred to therein
shall be the dispositional |
24 | | hearing for purposes of this Section. The parent,
guardian or |
25 | | legal custodian of the minor may pay some or all of such
|
26 | | restitution on the minor's behalf.
|
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1 | | (5) Any order for disposition where the minor is placed in
|
2 | | accordance with Section 4-25 shall provide for the parents or |
3 | | guardian of
the estate of such minor to pay to the legal |
4 | | custodian or guardian of the
person of the minor such sums as |
5 | | are determined by the custodian or guardian
of the person of |
6 | | the minor as necessary for the minor's needs. Such payments
|
7 | | may not exceed the maximum amounts provided for by Section 9.1 |
8 | | of the
Children and Family Services Act.
|
9 | | (6) Whenever the order of disposition requires the minor |
10 | | to attend
school or participate in a program of training, the |
11 | | truant officer or
designated school official shall regularly |
12 | | report to the court if the minor
is a chronic or habitual |
13 | | truant under Section 26-2a of the School Code.
|
14 | | (7) (Blank). The court must impose upon a minor under an |
15 | | order of continuance
under supervision or an order of |
16 | | disposition under this Article IV, as a
condition of the |
17 | | order, a fee of $25 for each month or partial month of
|
18 | | supervision with a
probation officer. If the court determines |
19 | | the inability of the minor, or the
parent, guardian, or legal |
20 | | custodian of the minor to pay the fee, the court
may impose a |
21 | | lesser fee. The court may not impose the fee on a minor who is |
22 | | placed in the guardianship or custody of the Department of |
23 | | Children and Family Services
under this Act. The fee may be |
24 | | imposed only upon a
minor who is actively supervised by the |
25 | | probation and court services
department. The fee must be |
26 | | collected by the clerk of the circuit court.
The clerk of the |
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1 | | circuit court must pay all monies collected from this fee to
|
2 | | the county treasurer for deposit into the probation and court |
3 | | services fund
under
Section 15.1 of the Probation and |
4 | | Probation Officers Act.
|
5 | | (Source: P.A. 100-159, eff. 8-18-17.)
|
6 | | (705 ILCS 405/5-525)
|
7 | | Sec. 5-525. Service.
|
8 | | (1) Service by summons.
|
9 | | (a) Upon the commencement of a delinquency
|
10 | | prosecution, the clerk of the court shall issue a summons |
11 | | with a copy of the
petition attached. The summons shall be |
12 | | directed to the minor's parent,
guardian or legal |
13 | | custodian and to each person named as a respondent in the
|
14 | | petition, except that summons need not be directed (i) to |
15 | | a minor respondent
under 8 years of age for whom the court |
16 | | appoints a guardian ad litem if the
guardian ad litem |
17 | | appears on behalf of the minor in any proceeding under |
18 | | this
Act, or (ii) to a parent who does not reside with the |
19 | | minor, does not make
regular child support payments to the |
20 | | minor, to the minor's other parent,
or to the minor's |
21 | | legal guardian or custodian pursuant to a support order, |
22 | | and
has not communicated with the minor on a regular |
23 | | basis.
|
24 | | (b) The summons must contain a statement that the |
25 | | minor is entitled to
have an attorney present at the |
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1 | | hearing on the petition, and that the clerk of
the court |
2 | | should be notified promptly if the minor desires to be |
3 | | represented by
an attorney but is financially unable to |
4 | | employ counsel.
|
5 | | (c) The summons shall be issued under the seal of the |
6 | | court, attested in
and signed with the name of the clerk of |
7 | | the court, dated on the day it is
issued, and shall require |
8 | | each respondent to appear and answer the petition on
the |
9 | | date set for the adjudicatory hearing.
|
10 | | (d) The summons may be served by any law enforcement |
11 | | officer, coroner or
probation officer, even though the |
12 | | officer is the petitioner. The return of
the summons with |
13 | | endorsement of service by the officer is sufficient proof
|
14 | | of service.
|
15 | | (e) Service of a summons and petition shall be made |
16 | | by: (i) leaving a
copy of the summons and petition with the |
17 | | person summoned at least 3 days
before the time stated in |
18 | | the summons for appearance; (ii) leaving a copy at
his or |
19 | | her usual place of abode with some person of the family, of |
20 | | the age of
10 years or upwards, and informing that person |
21 | | of the contents of the summons
and petition, provided, the |
22 | | officer or other person making service shall also
send a |
23 | | copy of the summons in a sealed envelope with postage |
24 | | fully prepaid,
addressed to the person summoned at his or |
25 | | her usual place of abode, at least
3 days before the time |
26 | | stated in the summons for appearance; or (iii) leaving
a |
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1 | | copy of the summons and petition with the guardian or |
2 | | custodian of a minor,
at least 3 days before the time |
3 | | stated in the summons for appearance. If the
guardian or |
4 | | legal custodian is an agency of the State of Illinois, |
5 | | proper
service may be made by leaving a copy of the summons |
6 | | and petition with any
administrative employee of the |
7 | | agency designated by the agency to accept the
service of |
8 | | summons and petitions. The certificate of the officer or |
9 | | affidavit
of the person that he or she has sent the copy |
10 | | pursuant to this Section is
sufficient proof of service.
|
11 | | (f) When a parent or other person, who has signed a |
12 | | written promise to
appear and bring the minor to court or |
13 | | who has waived or acknowledged service,
fails to appear |
14 | | with the minor on the date set by the court, a bench |
15 | | warrant
may be issued for the parent or other person, the |
16 | | minor, or both.
|
17 | | (2) Service by certified mail or publication.
|
18 | | (a) If service on
individuals as provided in |
19 | | subsection (1) is not made on any respondent within
a |
20 | | reasonable time or if it appears that any respondent |
21 | | resides outside the
State, service may be made by |
22 | | certified mail. In that case the clerk shall
mail the |
23 | | summons and a copy of the petition to that respondent by |
24 | | certified
mail marked for delivery to addressee only. The |
25 | | court shall not proceed with
the adjudicatory hearing |
26 | | until 5 days after the mailing. The regular return
receipt |
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1 | | for certified mail is sufficient proof of service.
|
2 | | (b) If service upon individuals as provided in |
3 | | subsection (1) is not made
on any respondents within a |
4 | | reasonable time or if any person is made a
respondent |
5 | | under the designation of "All Whom It May Concern", or if |
6 | | service
cannot be made because the whereabouts of a |
7 | | respondent are unknown, service may
be made by |
8 | | publication. The clerk of the court as soon as possible |
9 | | shall cause
publication to be made once in a newspaper of |
10 | | general circulation in the county
where the action is |
11 | | pending. Service by publication is not required in any
|
12 | | case when the person alleged to have legal custody of the |
13 | | minor has been served
with summons personally or by |
14 | | certified mail, but the court may not enter any
order or |
15 | | judgment
against any person who cannot be served with |
16 | | process other than by publication
unless service by |
17 | | publication is given or unless that person appears. |
18 | | Failure
to provide service by publication to a |
19 | | non-custodial parent whose whereabouts
are unknown shall |
20 | | not deprive the court of jurisdiction to proceed with a |
21 | | trial
or a plea of delinquency by the minor. When a minor |
22 | | has been detained or
sheltered under Section 5-501 of this |
23 | | Act and summons has not been served
personally or by |
24 | | certified mail within 20 days from the date of the order of
|
25 | | court directing such detention or shelter care, the clerk |
26 | | of the court shall
cause publication. Service by |
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1 | | publication shall be substantially as follows:
|
2 | | "A, B, C, D, (here giving the names of the named |
3 | | respondents, if any) and
to All Whom It May Concern (if |
4 | | there is any respondent under that designation):
|
5 | | Take notice that on (insert date) a
petition was |
6 | | filed under the Juvenile Court Act of 1987 by .... in |
7 | | the circuit
court of .... county entitled 'In the |
8 | | interest of ...., a minor', and that in
.... courtroom |
9 | | at .... on (insert date) at the
hour of ...., or as |
10 | | soon thereafter as this cause may be heard, an |
11 | | adjudicatory
hearing will be held upon the petition to |
12 | | have the child declared to be a ward
of the court under |
13 | | that Act. The court has authority in this proceeding |
14 | | to
take from you the custody and guardianship of the |
15 | | minor.
|
16 | | Now, unless you appear at the hearing and show |
17 | | cause against the
petition, the allegations of the |
18 | | petition may stand admitted as against
you and each of |
19 | | you, and an order or judgment entered.
|
20 | | ........................................
|
21 | | Clerk
|
22 | | Dated (insert the date of publication)"
|
23 | | (c) The clerk shall also at the time of the |
24 | | publication of the notice send
a copy of the notice by mail |
25 | | to each of the respondents on account of whom
publication |
26 | | is made at his or her last known address. The certificate |
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1 | | of the
clerk that he or she has mailed the notice is |
2 | | evidence of that mailing. No
other publication notice is |
3 | | required. Every respondent notified by publication
under |
4 | | this Section must appear and answer in open court at the |
5 | | hearing. The
court may not proceed with the adjudicatory |
6 | | hearing until 10 days after service
by publication on any |
7 | | custodial parent, guardian or legal custodian of a minor
|
8 | | alleged to be delinquent.
|
9 | | (d) If it becomes necessary to change the date set for |
10 | | the hearing in
order to comply with this Section, notice |
11 | | of the resetting of the date must be
given, by certified |
12 | | mail or other reasonable means, to each respondent who has
|
13 | | been served with summons personally or by certified mail.
|
14 | | (3) Once jurisdiction has been established over a party, |
15 | | further service
is not required and notice of any subsequent |
16 | | proceedings in that prosecution
shall be made in accordance |
17 | | with provisions of Section 5-530.
|
18 | | (4) The appearance of the minor's parent, guardian or |
19 | | legal custodian, or
a person named as a respondent in a |
20 | | petition, in any proceeding under this Act
shall constitute a |
21 | | waiver of service and submission to the jurisdiction of the
|
22 | | court. A copy of the petition shall be provided to the person |
23 | | at the time of
his or her appearance.
|
24 | | (5) The court shall not require the minor or his or her |
25 | | parent, guardian, or legal custodian to pay fees, fines, or |
26 | | administrative costs in the service of process. |
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1 | | (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
|
2 | | (705 ILCS 405/5-610)
|
3 | | Sec. 5-610. Guardian ad litem and appointment of attorney.
|
4 | | (1) The court may appoint a guardian ad litem for the minor |
5 | | whenever it
finds that there may be a conflict of interest |
6 | | between the minor and his
or her parent, guardian or legal |
7 | | custodian or that it is otherwise in the
minor's interest to do |
8 | | so.
|
9 | | (2) Unless the guardian ad litem is an attorney, he or she |
10 | | shall be
represented
by counsel.
|
11 | | (3) The reasonable fees of a guardian ad litem appointed |
12 | | under this
Section shall be fixed by the court and charged to |
13 | | the parents of the minor, to
the extent they are able to pay. |
14 | | If the parents are unable to pay those fees,
they shall be paid |
15 | | from the general fund of the
county.
|
16 | | (4) If, during the court proceedings, the parents, |
17 | | guardian, or legal
custodian prove that he or she has an actual |
18 | | conflict of interest with the
minor in that delinquency |
19 | | proceeding and that the parents, guardian, or legal
custodian |
20 | | are indigent, the court shall appoint a separate attorney for |
21 | | that
parent, guardian, or legal custodian.
|
22 | | (5) A guardian ad litem appointed under this Section for a |
23 | | minor who is in the custody or guardianship of the Department |
24 | | of Children and Family Services or who has an open intact |
25 | | family services case with the Department of Children and |
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1 | | Family Services is entitled to receive copies of any and all |
2 | | classified reports of child abuse or neglect made pursuant to |
3 | | the Abused and Neglected Child Reporting Act in which the |
4 | | minor, who is the subject of the report under the Abused and |
5 | | Neglected Child Reporting Act, is also a minor for whom the |
6 | | guardian ad litem is appointed under this Act. The Department |
7 | | of Children and Family Services' obligation under this |
8 | | subsection to provide reports to a guardian ad litem for a |
9 | | minor with an open intact family services case applies only if |
10 | | the guardian ad litem notified the Department in writing of |
11 | | the representation. |
12 | | (Source: P.A. 100-158, eff. 1-1-18 .)
|
13 | | (705 ILCS 405/5-615)
|
14 | | Sec. 5-615. Continuance under supervision.
|
15 | | (1) The court may enter an order of continuance under |
16 | | supervision for an
offense other than first degree murder, a |
17 | | Class X felony or a forcible felony: |
18 | | (a) upon an admission or stipulation by the |
19 | | appropriate respondent or minor
respondent of the facts |
20 | | supporting the
petition and before the court makes a |
21 | | finding of delinquency, and in the absence of objection |
22 | | made in open court by the
minor, his or her parent, |
23 | | guardian, or legal custodian, the minor's attorney or
the
|
24 | | State's Attorney; or
|
25 | | (b) upon a finding of delinquency and after |
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1 | | considering the circumstances of the offense and the |
2 | | history, character, and condition of the minor, if the |
3 | | court is of the opinion that: |
4 | | (i) the minor is not likely to commit further |
5 | | crimes; |
6 | | (ii) the minor and the public would be best served |
7 | | if the minor were not to receive a criminal record; and |
8 | | (iii) in the best interests of justice an order of |
9 | | continuance under supervision is more appropriate than |
10 | | a sentence otherwise permitted under this Act. |
11 | | (2) (Blank).
|
12 | | (3) Nothing in this Section limits the power of the court |
13 | | to order a
continuance of the hearing for the production of |
14 | | additional evidence or for any
other proper reason.
|
15 | | (4) When a hearing where a minor is alleged to be a |
16 | | delinquent is
continued
pursuant to this Section, the period |
17 | | of continuance under supervision may not
exceed 24 months. The |
18 | | court may terminate a continuance under supervision at
any |
19 | | time if warranted by the conduct of the minor and the ends of |
20 | | justice or vacate the finding of delinquency or both.
|
21 | | (5) When a hearing where a minor is alleged to be |
22 | | delinquent is continued
pursuant to this Section, the court |
23 | | may, as conditions of the continuance under
supervision, |
24 | | require the minor to do any of the following:
|
25 | | (a) not violate any criminal statute of any |
26 | | jurisdiction;
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1 | | (b) make a report to and appear in person before any |
2 | | person or agency as
directed by the court;
|
3 | | (c) work or pursue a course of study or vocational |
4 | | training;
|
5 | | (d) undergo medical or psychotherapeutic treatment |
6 | | rendered by a therapist
licensed under the provisions of |
7 | | the Medical Practice Act of 1987, the
Clinical |
8 | | Psychologist Licensing Act, or the Clinical Social Work |
9 | | and Social
Work Practice Act, or an entity licensed by the |
10 | | Department of Human Services as
a successor to the |
11 | | Department of Alcoholism and Substance Abuse, for the
|
12 | | provision of substance use disorder services as defined in |
13 | | Section 1-10 of the Substance Use Disorder Act;
|
14 | | (e) attend or reside in a facility established for the |
15 | | instruction or
residence of persons on probation at no |
16 | | cost to the minor or the minor's parent, guardian, or |
17 | | legal custodian ;
|
18 | | (f) support his or her dependents, if any;
|
19 | | (g) (blank); pay costs;
|
20 | | (h) refrain from possessing a firearm or other |
21 | | dangerous weapon, or an
automobile;
|
22 | | (i) permit the probation officer to visit him or her |
23 | | at his or her home or
elsewhere;
|
24 | | (j) reside with his or her parents or in a foster home;
|
25 | | (k) attend school;
|
26 | | (k-5) with the consent of the superintendent
of the
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1 | | facility, attend an educational program at a facility |
2 | | other than the school
in which the
offense was committed |
3 | | if he
or she committed a crime of violence as
defined in
|
4 | | Section 2 of the Crime Victims Compensation Act in a |
5 | | school, on the
real
property
comprising a school, or |
6 | | within 1,000 feet of the real property comprising a
|
7 | | school;
|
8 | | (l) attend a non-residential program for youth;
|
9 | | (m) provide nonfinancial contributions contribute to |
10 | | his or her own support at home or in a foster home;
|
11 | | (n) perform some reasonable public or community |
12 | | service that does not interfere with school hours, |
13 | | school-related activities, or work commitments of the |
14 | | minor or the minor's parent, guardian, or legal custodian ;
|
15 | | (o) make restitution to the victim, in the same manner |
16 | | and under the same
conditions as provided in subsection |
17 | | (4) of Section 5-710, except that the
"sentencing hearing" |
18 | | referred
to in that Section shall be the adjudicatory |
19 | | hearing for purposes of this
Section;
|
20 | | (p) comply with curfew requirements as designated by |
21 | | the court;
|
22 | | (q) refrain from entering into a designated geographic |
23 | | area except upon
terms as the court finds appropriate. The |
24 | | terms may include consideration of
the purpose of the |
25 | | entry, the time of day, other persons accompanying the
|
26 | | minor, and advance approval by a probation officer;
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1 | | (r) refrain from having any contact, directly or |
2 | | indirectly, with certain
specified persons or particular |
3 | | types of persons, including but not limited to
members of |
4 | | street gangs and drug users or dealers;
|
5 | | (r-5) undergo a medical or other procedure to have a |
6 | | tattoo symbolizing
allegiance to a street gang removed |
7 | | from his or her body;
|
8 | | (s) refrain from having in his or her body the |
9 | | presence of any illicit
drug
prohibited by the Cannabis |
10 | | Control Act, the Illinois Controlled Substances
Act, or |
11 | | the Methamphetamine Control and Community Protection Act, |
12 | | unless prescribed by a physician, and submit samples of |
13 | | his or her blood
or urine or both for tests to determine |
14 | | the presence of any illicit drug at no cost to the minor or |
15 | | the minor's parent, guardian, or legal custodian ; or
|
16 | | (t) comply with any other conditions as may be ordered |
17 | | by the court.
|
18 | | (6) A minor whose case is continued under supervision |
19 | | under subsection (5)
shall be given a certificate setting |
20 | | forth the conditions imposed by the court.
Those conditions |
21 | | may be reduced, enlarged, or modified by the court on motion
of |
22 | | the probation officer or on its own motion, or that of the |
23 | | State's Attorney,
or, at the request of the minor after notice |
24 | | and hearing.
|
25 | | (7) If a petition is filed charging a violation of a |
26 | | condition of the
continuance under supervision, the court |
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1 | | shall conduct a hearing. If the court
finds that a condition of |
2 | | supervision has not been fulfilled, the court may
proceed to |
3 | | findings, adjudication, and disposition or adjudication and |
4 | | disposition. The filing of a petition
for violation of a |
5 | | condition of the continuance under supervision shall toll
the |
6 | | period of continuance under supervision until the final |
7 | | determination of
the charge, and the term of the continuance |
8 | | under supervision shall not run
until the hearing and |
9 | | disposition of the petition for violation; provided
where the |
10 | | petition alleges conduct that does not constitute a criminal |
11 | | offense,
the hearing must be held within 30 days of the filing |
12 | | of the petition unless a
delay shall continue the tolling of |
13 | | the period of continuance under supervision
for the period of
|
14 | | the delay.
|
15 | | (8) When a hearing in which a minor is alleged to be a |
16 | | delinquent for
reasons that include a violation of Section |
17 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
18 | | 2012
is continued under this Section, the court shall, as a |
19 | | condition of the
continuance under supervision, require the |
20 | | minor to perform community service
for not less than 30 and not |
21 | | more than 120 hours, if community service is
available in the |
22 | | jurisdiction. The community service shall include, but need
|
23 | | not be limited to, the cleanup and repair of the damage that |
24 | | was caused by the
alleged violation or similar damage to |
25 | | property located in the municipality or
county in which the |
26 | | alleged violation occurred. The condition may be in
addition |
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1 | | to any other condition. Community service shall not interfere |
2 | | with the school hours, school-related activities, or work |
3 | | commitments of the minor or the minor's parent, guardian, or |
4 | | legal custodian.
|
5 | | (8.5) When a hearing in which a minor is alleged to be a |
6 | | delinquent for
reasons
that include a violation of Section |
7 | | 3.02 or Section 3.03 of the Humane Care for
Animals Act or |
8 | | paragraph (d) of subsection (1)
of Section
21-1 of the |
9 | | Criminal Code of 1961 or paragraph (4) of subsection (a) of |
10 | | Section 21-1 or the Criminal Code of 2012 is continued under |
11 | | this Section, the court
shall, as a
condition of the |
12 | | continuance under supervision, require the minor to undergo
|
13 | | medical or
psychiatric treatment rendered by a psychiatrist or |
14 | | psychological treatment
rendered by a
clinical psychologist. |
15 | | The condition may be in addition to any other
condition.
|
16 | | (9) When a hearing in which a minor is alleged to be a |
17 | | delinquent is
continued under this Section, the court, before |
18 | | continuing the case, shall make
a finding whether the offense |
19 | | alleged to have been committed either: (i) was
related to or in |
20 | | furtherance of the activities of an organized gang or was
|
21 | | motivated by the minor's membership in or allegiance to an |
22 | | organized gang, or
(ii) is a violation of paragraph (13) of |
23 | | subsection (a) of Section 12-2 or paragraph (2) of subsection |
24 | | (c) of Section 12-2 of the
Criminal Code of 1961 or the |
25 | | Criminal Code of 2012, a violation of any Section of Article 24 |
26 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a |
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1 | | violation of any statute that involved the unlawful
use of a |
2 | | firearm. If the court determines the question in the |
3 | | affirmative the
court shall, as a condition of the continuance |
4 | | under supervision and as part of
or in addition to any other |
5 | | condition of the supervision,
require the minor to perform |
6 | | community service for not less than 30 hours,
provided that |
7 | | community service is available in the
jurisdiction and is |
8 | | funded and approved by the county board of the county where
the |
9 | | offense was committed. The community service shall include, |
10 | | but need not
be limited to, the cleanup and repair of any |
11 | | damage caused by an alleged
violation of Section 21-1.3 of the |
12 | | Criminal Code of 1961 or the Criminal Code of 2012 and similar |
13 | | damage to
property located in the municipality or county in |
14 | | which the alleged violation
occurred. When possible and |
15 | | reasonable, the community service shall be
performed in the |
16 | | minor's neighborhood. For the purposes of this Section,
|
17 | | "organized gang" has the meaning ascribed to it in Section 10 |
18 | | of the Illinois
Streetgang Terrorism Omnibus Prevention Act. |
19 | | Community service shall not interfere with the school hours, |
20 | | school-related activities, or work commitments of the minor or |
21 | | the minor's parent, guardian, or legal custodian.
|
22 | | (10) (Blank). The court shall impose upon a minor placed |
23 | | on supervision, as a
condition of the supervision, a fee of $50 |
24 | | for each month of supervision
ordered by the court, unless |
25 | | after determining the inability of the minor
placed on |
26 | | supervision to pay the fee, the court assesses a lesser |
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1 | | amount. The
court may not impose the fee on a minor who is |
2 | | placed in the guardianship or custody of the Department of |
3 | | Children and Family Services under
this Act while the minor is |
4 | | in placement. The fee shall be imposed only upon a
minor who is |
5 | | actively supervised by the probation and court services
|
6 | | department. A court may order the parent, guardian, or legal |
7 | | custodian of the
minor to pay some or all of the fee on the |
8 | | minor's behalf.
|
9 | | (11) (Blank).
|
10 | | (12) The court shall not, as a condition of continuance |
11 | | under supervision, order the minor or the minor's parent, |
12 | | guardian, or legal custodian to pay fees, fines, or |
13 | | administrative costs, including any fee, fine, or |
14 | | administrative cost authorized under Section 5-4.5-105, |
15 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
16 | | Unified Code of Corrections. |
17 | | (Source: P.A. 100-159, eff. 8-18-17; 100-759, eff. 1-1-19; |
18 | | 101-2, eff. 7-1-19 .)
|
19 | | (705 ILCS 405/5-710)
|
20 | | Sec. 5-710. Kinds of sentencing orders.
|
21 | | (1) The following kinds of sentencing orders may be made |
22 | | in respect of
wards of the court:
|
23 | | (a) Except as provided in Sections 5-805, 5-810, and |
24 | | 5-815, a minor who is
found
guilty under Section 5-620 may |
25 | | be:
|
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1 | | (i) put on probation or conditional discharge and |
2 | | released to his or her
parents, guardian or legal |
3 | | custodian, provided, however, that any such minor
who |
4 | | is not committed to the Department of Juvenile Justice |
5 | | under
this subsection and who is found to be a |
6 | | delinquent for an offense which is
first degree |
7 | | murder, a Class X felony, or a forcible felony shall be |
8 | | placed on
probation;
|
9 | | (ii) placed in accordance with Section 5-740, with |
10 | | or without also being
put on probation or conditional |
11 | | discharge;
|
12 | | (iii) required to undergo a substance abuse |
13 | | assessment conducted by a
licensed provider and |
14 | | participate in the indicated clinical level of care at |
15 | | no cost to the minor or the minor's parent, guardian, |
16 | | or legal custodian ;
|
17 | | (iv) on and after January 1, 2015 (the effective |
18 | | date of Public Act 98-803) and before January 1, 2017, |
19 | | placed in the guardianship of the Department of |
20 | | Children and Family
Services, but only if the |
21 | | delinquent minor is under 16 years of age or, pursuant |
22 | | to Article II of this Act, a minor under the age of 18 |
23 | | for whom an independent basis of abuse, neglect, or |
24 | | dependency exists. On and after January 1, 2017, |
25 | | placed in the guardianship of the Department of |
26 | | Children and Family
Services, but only if the |
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1 | | delinquent minor is under 15 years of age or, pursuant |
2 | | to Article II of this Act, a minor for whom an |
3 | | independent basis of abuse, neglect, or dependency |
4 | | exists. An independent basis exists when the |
5 | | allegations or adjudication of abuse, neglect, or |
6 | | dependency do not arise from the same facts, incident, |
7 | | or circumstances which give rise to a charge or |
8 | | adjudication of delinquency;
|
9 | | (v) placed in detention for a period not to exceed |
10 | | 30 days, either as
the
exclusive order of disposition |
11 | | or, where appropriate, in conjunction with any
other |
12 | | order of disposition issued under this paragraph, |
13 | | provided that any such
detention shall be in a |
14 | | juvenile detention home and the minor so detained |
15 | | shall
be 10 years of age or older. However, the 30-day |
16 | | limitation may be extended by
further order of the |
17 | | court for a minor under age 15 committed to the |
18 | | Department
of Children and Family Services if the |
19 | | court finds that the minor is a danger
to himself or |
20 | | others. The minor shall be given credit on the |
21 | | sentencing order
of detention for time spent in |
22 | | detention under Sections 5-501, 5-601, 5-710, or
5-720 |
23 | | of this
Article as a result of the offense for which |
24 | | the sentencing order was imposed.
The court may grant |
25 | | credit on a sentencing order of detention entered |
26 | | under a
violation of probation or violation of |
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1 | | conditional discharge under Section
5-720 of this |
2 | | Article for time spent in detention before the filing |
3 | | of the
petition
alleging the violation. A minor shall |
4 | | not be deprived of credit for time spent
in detention |
5 | | before the filing of a violation of probation or |
6 | | conditional
discharge alleging the same or related act |
7 | | or acts. The limitation that the minor shall only be |
8 | | placed in a juvenile detention home does not apply as |
9 | | follows: |
10 | | Persons 18 years of age and older who have a |
11 | | petition of delinquency filed against them may be |
12 | | confined in an adult detention facility. In making a |
13 | | determination whether to confine a person 18 years of |
14 | | age or older who has a petition of delinquency filed |
15 | | against the person, these factors, among other |
16 | | matters, shall be considered: |
17 | | (A) the age of the person; |
18 | | (B) any previous delinquent or criminal |
19 | | history of the person; |
20 | | (C) any previous abuse or neglect history of |
21 | | the person; |
22 | | (D) any mental health history of the person; |
23 | | and |
24 | | (E) any educational history of the person;
|
25 | | (vi) ordered partially or completely emancipated |
26 | | in accordance with the
provisions of the Emancipation |
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1 | | of Minors Act;
|
2 | | (vii) subject to having his or her driver's |
3 | | license or driving
privileges
suspended for such time |
4 | | as determined by the court but only until he or she
|
5 | | attains 18 years of age;
|
6 | | (viii) put on probation or conditional discharge |
7 | | and placed in detention
under Section 3-6039 of the |
8 | | Counties Code for a period not to exceed the period
of |
9 | | incarceration permitted by law for adults found guilty |
10 | | of the same offense
or offenses for which the minor was |
11 | | adjudicated delinquent, and in any event no
longer |
12 | | than upon attainment of age 21; this subdivision |
13 | | (viii) notwithstanding
any contrary provision of the |
14 | | law;
|
15 | | (ix) ordered to undergo a medical or other |
16 | | procedure to have a tattoo
symbolizing allegiance to a |
17 | | street gang removed from his or her body; or |
18 | | (x) placed in electronic monitoring or home |
19 | | detention under Part 7A of this Article.
|
20 | | (b) A minor found to be guilty may be committed to the |
21 | | Department of
Juvenile Justice under Section 5-750 if the |
22 | | minor is at least 13 years and under 20 years of age,
|
23 | | provided that the commitment to the Department of Juvenile |
24 | | Justice shall be made only if the minor was found guilty of |
25 | | a felony offense or first degree murder. The court shall |
26 | | include in the sentencing order any pre-custody credits |
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1 | | the minor is entitled to under Section 5-4.5-100 of the |
2 | | Unified Code of Corrections. The time during which a minor |
3 | | is in custody before being released
upon the request of a |
4 | | parent, guardian or legal custodian shall also be |
5 | | considered
as time spent in custody.
|
6 | | (c) When a minor is found to be guilty for an offense |
7 | | which is a violation
of the Illinois Controlled Substances |
8 | | Act, the Cannabis Control Act, or the Methamphetamine |
9 | | Control and Community Protection Act and made
a ward of |
10 | | the court, the court may enter a disposition order |
11 | | requiring the
minor to undergo assessment,
counseling or |
12 | | treatment in a substance use disorder treatment program |
13 | | approved by the Department
of Human Services.
|
14 | | (2) Any sentencing order other than commitment to the |
15 | | Department of
Juvenile Justice may provide for protective |
16 | | supervision under
Section 5-725 and may include an order of |
17 | | protection under Section 5-730.
|
18 | | (3) Unless the sentencing order expressly so provides, it |
19 | | does not operate
to close proceedings on the pending petition, |
20 | | but is subject to modification
until final closing and |
21 | | discharge of the proceedings under Section 5-750.
|
22 | | (4) In addition to any other sentence, the court may order |
23 | | any
minor
found to be delinquent to make restitution, in |
24 | | monetary or non-monetary form,
under the terms and conditions |
25 | | of Section 5-5-6 of the Unified Code of
Corrections, except |
26 | | that the "presentencing hearing" referred to in that
Section
|
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1 | | shall be
the sentencing hearing for purposes of this Section. |
2 | | The parent, guardian or
legal custodian of the minor may be |
3 | | ordered by the court to pay some or all of
the restitution on |
4 | | the minor's behalf, pursuant to the Parental Responsibility
|
5 | | Law. The State's Attorney is authorized to act
on behalf of any |
6 | | victim in seeking restitution in proceedings under this
|
7 | | Section, up to the maximum amount allowed in Section 5 of the |
8 | | Parental
Responsibility Law.
|
9 | | (5) Any sentencing order where the minor is committed or |
10 | | placed in
accordance
with Section 5-740 shall provide for the |
11 | | parents or guardian of the estate of
the minor to pay to the |
12 | | legal custodian or guardian of the person of the minor
such |
13 | | sums as are determined by the custodian or guardian of the |
14 | | person of the
minor as necessary for the minor's needs. The |
15 | | payments may not exceed the
maximum amounts provided for by |
16 | | Section 9.1 of the Children and Family Services
Act.
|
17 | | (6) Whenever the sentencing order requires the minor to |
18 | | attend school or
participate in a program of training, the |
19 | | truant officer or designated school
official shall regularly |
20 | | report to the court if the minor is a chronic or
habitual |
21 | | truant under Section 26-2a of the School Code. Notwithstanding |
22 | | any other provision of this Act, in instances in which |
23 | | educational services are to be provided to a minor in a |
24 | | residential facility where the minor has been placed by the |
25 | | court, costs incurred in the provision of those educational |
26 | | services must be allocated based on the requirements of the |
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1 | | School Code. The court shall not order a minor or the minor's |
2 | | parent, guardian, or legal custodian to pay for costs incurred |
3 | | by the county or Department for school services provided under |
4 | | this Section.
|
5 | | (7) In no event shall a guilty minor be committed to the |
6 | | Department of
Juvenile Justice for a period of time in
excess |
7 | | of
that period for which an adult could be committed for the |
8 | | same act. The court shall include in the sentencing order a |
9 | | limitation on the period of confinement not to exceed the |
10 | | maximum period of imprisonment the court could impose under |
11 | | Chapter V of the Unified Code of Corrections.
|
12 | | (7.5) In no event shall a guilty minor be committed to the |
13 | | Department of Juvenile Justice or placed in detention when the |
14 | | act for which the minor was adjudicated delinquent would not |
15 | | be illegal if committed by an adult. |
16 | | (7.6) In no event shall a guilty minor be committed to the |
17 | | Department of Juvenile Justice for an offense which is a Class |
18 | | 4 felony under Section 19-4 (criminal trespass to a |
19 | | residence), 21-1 (criminal damage to property), 21-1.01 |
20 | | (criminal damage to government supported property), 21-1.3 |
21 | | (criminal defacement of property), 26-1 (disorderly conduct), |
22 | | or 31-4 (obstructing justice) of the Criminal Code of 2012. |
23 | | (7.75) In no event shall a guilty minor be committed to the |
24 | | Department of Juvenile Justice for an offense that is a Class 3 |
25 | | or Class 4 felony violation of the Illinois Controlled |
26 | | Substances Act unless the commitment occurs upon a third or |
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1 | | subsequent judicial finding of a violation of probation for |
2 | | substantial noncompliance with court-ordered treatment or |
3 | | programming. |
4 | | (8) A minor found to be guilty for reasons that include a |
5 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the |
6 | | Criminal Code of 2012 shall be ordered to perform
community |
7 | | service for not less than 30 and not more than 120 hours, if
|
8 | | community service is available in the jurisdiction. The |
9 | | community service
shall include, but need not be limited to, |
10 | | the cleanup and repair of the damage
that was caused by the |
11 | | violation or similar damage to property located in the
|
12 | | municipality or county in which the violation occurred. The |
13 | | order may be in
addition to any other order authorized by this |
14 | | Section. Community service shall not interfere with the school |
15 | | hours, school-related activities, or work commitments of the |
16 | | minor or the minor's parent, guardian, or legal custodian.
|
17 | | (8.5) A minor found to be guilty for reasons that include a |
18 | | violation of
Section
3.02 or Section 3.03 of the Humane Care |
19 | | for Animals Act or paragraph (d) of
subsection (1) of
Section |
20 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of |
21 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 |
22 | | shall be ordered to undergo medical or psychiatric treatment |
23 | | rendered by
a
psychiatrist or psychological treatment rendered |
24 | | by a clinical psychologist.
The order
may be in addition to any |
25 | | other order authorized by this Section.
|
26 | | (9) In addition to any other sentencing order, the court |
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1 | | shall order any
minor found
to be guilty for an act which would |
2 | | constitute, predatory criminal sexual
assault of a child, |
3 | | aggravated criminal sexual assault, criminal sexual
assault, |
4 | | aggravated criminal sexual abuse, or criminal sexual abuse if
|
5 | | committed by an
adult to undergo medical testing to determine |
6 | | whether the defendant has any
sexually transmissible disease |
7 | | including a test for infection with human
immunodeficiency |
8 | | virus (HIV) or any other identified causative agency of
|
9 | | acquired immunodeficiency syndrome (AIDS). Any medical test |
10 | | shall be performed
only by appropriately licensed medical |
11 | | practitioners and may include an
analysis of any bodily fluids |
12 | | as well as an examination of the minor's person.
Except as |
13 | | otherwise provided by law, the results of the test shall be |
14 | | kept
strictly confidential by all medical personnel involved |
15 | | in the testing and must
be personally delivered in a sealed |
16 | | envelope to the judge of the court in which
the sentencing |
17 | | order was entered for the judge's inspection in camera. Acting
|
18 | | in accordance with the best interests of the victim and the |
19 | | public, the judge
shall have the discretion to determine to |
20 | | whom the results of the testing may
be revealed. The court |
21 | | shall notify the minor of the results of the test for
infection |
22 | | with the human immunodeficiency virus (HIV). The court shall |
23 | | also
notify the victim if requested by the victim, and if the |
24 | | victim is under the
age of 15 and if requested by the victim's |
25 | | parents or legal guardian, the court
shall notify the victim's |
26 | | parents or the legal guardian, of the results of the
test for |
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1 | | infection with the human immunodeficiency virus (HIV). The |
2 | | court
shall provide information on the availability of HIV |
3 | | testing and counseling at
the Department of Public Health |
4 | | facilities to all parties to whom the
results of the testing |
5 | | are revealed. The court shall order that the cost of
any test |
6 | | shall be paid by the county and may be taxed as costs against |
7 | | the
minor .
|
8 | | (10) When a court finds a minor to be guilty the court |
9 | | shall, before
entering a sentencing order under this Section, |
10 | | make a finding whether the
offense committed either: (a) was |
11 | | related to or in furtherance of the criminal
activities of an |
12 | | organized gang or was motivated by the minor's membership in
|
13 | | or allegiance to an organized gang, or (b) involved a |
14 | | violation of
subsection (a) of Section 12-7.1 of the Criminal |
15 | | Code of 1961 or the Criminal Code of 2012, a violation of
any
|
16 | | Section of Article 24 of the Criminal Code of 1961 or the |
17 | | Criminal Code of 2012, or a violation of any
statute that |
18 | | involved the wrongful use of a firearm. If the court |
19 | | determines
the question in the affirmative,
and the court does |
20 | | not commit the minor to the Department of Juvenile Justice, |
21 | | the court shall order the minor to perform community service
|
22 | | for not less than 30 hours nor more than 120 hours, provided |
23 | | that community
service is available in the jurisdiction and is |
24 | | funded and approved by the
county board of the county where the |
25 | | offense was committed. The community
service shall include, |
26 | | but need not be limited to, the cleanup and repair of
any |
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1 | | damage caused by a violation of Section 21-1.3 of the Criminal |
2 | | Code of 1961 or the Criminal Code of 2012
and similar damage to |
3 | | property located in the municipality or county in which
the |
4 | | violation occurred. When possible and reasonable, the |
5 | | community service
shall be performed in the minor's |
6 | | neighborhood. This order shall be in
addition to any other |
7 | | order authorized by this Section
except for an order to place |
8 | | the minor in the custody of the Department of
Juvenile |
9 | | Justice. Community service shall not interfere with the school |
10 | | hours, school-related activities, or work commitments of the |
11 | | minor or the minor's parent, guardian, or legal custodian. For |
12 | | the purposes of this Section, "organized
gang" has the meaning |
13 | | ascribed to it in Section 10 of the Illinois Streetgang
|
14 | | Terrorism Omnibus Prevention Act.
|
15 | | (11) If the court determines that the offense was |
16 | | committed in furtherance of the criminal activities of an |
17 | | organized gang, as provided in subsection (10), and that the |
18 | | offense involved the operation or use of a motor vehicle or the |
19 | | use of a driver's license or permit, the court shall notify the |
20 | | Secretary of State of that determination and of the period for |
21 | | which the minor shall be denied driving privileges. If, at the |
22 | | time of the determination, the minor does not hold a driver's |
23 | | license or permit, the court shall provide that the minor |
24 | | shall not be issued a driver's license or permit until his or |
25 | | her 18th birthday. If the minor holds a driver's license or |
26 | | permit at the time of the determination, the court shall |
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1 | | provide that the minor's driver's license or permit shall be |
2 | | revoked until his or her 21st birthday, or until a later date |
3 | | or occurrence determined by the court. If the minor holds a |
4 | | driver's license at the time of the determination, the court |
5 | | may direct the Secretary of State to issue the minor a judicial |
6 | | driving permit, also known as a JDP. The JDP shall be subject |
7 | | to the same terms as a JDP issued under Section 6-206.1 of the |
8 | | Illinois Vehicle Code, except that the court may direct that |
9 | | the JDP be effective immediately.
|
10 | | (12) (Blank).
|
11 | | (13) The court shall not order a minor or the minor's |
12 | | parent, guardian, or legal custodian to pay costs relating to |
13 | | any sentencing order, including any fee, fine, or |
14 | | administrative cost authorized under Section 5-4.5-105, |
15 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
16 | | Unified Code of Corrections. |
17 | | (Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19; |
18 | | 101-159, eff. 1-1-20; 102-558, eff. 8-20-21.) |
19 | | (705 ILCS 405/5-715)
|
20 | | Sec. 5-715. Probation.
|
21 | | (1) The period of probation or conditional discharge shall |
22 | | not exceed 5
years or until the minor has attained the age of |
23 | | 21 years, whichever is less,
except as provided in this |
24 | | Section for a minor who is found to be guilty
for an offense |
25 | | which is first degree murder. The juvenile court may terminate |
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1 | | probation or
conditional discharge and discharge the minor at |
2 | | any time if warranted by the
conduct of the minor and the ends |
3 | | of justice; provided, however, that the
period of probation |
4 | | for a minor who is found to be guilty for an offense which
is |
5 | | first degree murder shall be at
least 5 years.
|
6 | | (1.5) The period of probation for a minor who is found |
7 | | guilty of aggravated criminal sexual assault, criminal sexual |
8 | | assault, or aggravated battery with a firearm shall be at |
9 | | least 36 months. The period of probation for a minor who is |
10 | | found to be guilty of any other Class X felony shall be at |
11 | | least 24 months. The period of probation for a Class 1 or Class |
12 | | 2 forcible felony shall be at least 18 months. Regardless of |
13 | | the length of probation ordered by the court, for all offenses |
14 | | under this paragraph (1.5), the court shall schedule hearings |
15 | | to determine whether it is in the best interest of the minor |
16 | | and public safety to terminate probation after the minimum |
17 | | period of probation has been served. In such a hearing, there |
18 | | shall be a rebuttable presumption that it is in the best |
19 | | interest of the minor and public safety to terminate |
20 | | probation. |
21 | | (2) The court may as a condition of probation or of |
22 | | conditional discharge
require that the minor:
|
23 | | (a) not violate any criminal statute of any |
24 | | jurisdiction;
|
25 | | (b) make a report to and appear in person before any |
26 | | person or agency as
directed by the court;
|
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1 | | (c) work or pursue a course of study or vocational |
2 | | training;
|
3 | | (d) undergo medical or psychiatric treatment, rendered |
4 | | by a psychiatrist
or
psychological treatment rendered by a |
5 | | clinical psychologist or social work
services rendered by |
6 | | a clinical social worker, or treatment for drug addiction
|
7 | | or alcoholism;
|
8 | | (e) attend or reside in a facility established for the |
9 | | instruction or
residence of persons on probation;
|
10 | | (f) support his or her dependents, if any;
|
11 | | (g) refrain from possessing a firearm or other |
12 | | dangerous weapon, or an
automobile;
|
13 | | (h) permit the probation officer to visit him or her |
14 | | at his or her home or
elsewhere;
|
15 | | (i) reside with his or her parents or in a foster home;
|
16 | | (j) attend school;
|
17 | | (j-5) with the consent of the superintendent
of the
|
18 | | facility,
attend an educational program at a facility |
19 | | other than the school
in which the
offense was committed |
20 | | if he
or she committed a crime of violence as
defined in
|
21 | | Section 2 of the Crime Victims Compensation Act in a |
22 | | school, on the
real
property
comprising a school, or |
23 | | within 1,000 feet of the real property comprising a
|
24 | | school;
|
25 | | (k) attend a non-residential program for youth;
|
26 | | (l) make restitution under the terms of subsection (4) |
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1 | | of Section 5-710;
|
2 | | (m) provide nonfinancial contributions contribute to |
3 | | his or her own support at home or in a foster home;
|
4 | | (n) perform some reasonable public or community |
5 | | service that does not interfere with school hours, |
6 | | school-related activities, or work commitments of the |
7 | | minor or the minor's parent, guardian, or legal custodian ;
|
8 | | (o) participate with community corrections programs |
9 | | including unified
delinquency intervention services |
10 | | administered by the Department of Human
Services
subject |
11 | | to Section 5 of the Children and Family Services Act;
|
12 | | (p) (blank) pay costs ;
|
13 | | (q) serve a term of home confinement. In addition to |
14 | | any other applicable
condition of probation or conditional |
15 | | discharge, the conditions of home
confinement shall be |
16 | | that the minor:
|
17 | | (i) remain within the interior premises of the |
18 | | place designated for his
or her confinement during the |
19 | | hours designated by the court;
|
20 | | (ii) admit any person or agent designated by the |
21 | | court into the minor's
place of confinement at any |
22 | | time for purposes of verifying the minor's
compliance |
23 | | with the conditions of his or her confinement; and
|
24 | | (iii) use an approved electronic monitoring device |
25 | | if ordered by the
court subject to Article 8A of |
26 | | Chapter V of the Unified Code of Corrections;
|
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1 | | (r) refrain from entering into a designated geographic |
2 | | area except upon
terms as the court finds appropriate. The |
3 | | terms may include consideration of
the purpose of the |
4 | | entry, the time of day, other persons accompanying the
|
5 | | minor, and advance approval by a probation officer, if the |
6 | | minor has been
placed on probation, or advance approval by |
7 | | the court, if the minor has been
placed on conditional |
8 | | discharge;
|
9 | | (s) refrain from having any contact, directly or |
10 | | indirectly, with certain
specified persons or particular |
11 | | types of persons, including but not limited to
members of |
12 | | street gangs and drug users or dealers;
|
13 | | (s-5) undergo a medical or other procedure to have a |
14 | | tattoo symbolizing
allegiance to a street
gang removed |
15 | | from his or her body;
|
16 | | (t) refrain from having in his or her body the |
17 | | presence of any illicit
drug
prohibited by the Cannabis |
18 | | Control Act, the Illinois Controlled Substances
Act, or |
19 | | the Methamphetamine Control and Community Protection Act, |
20 | | unless prescribed
by a physician, and shall submit samples |
21 | | of his or her blood or urine or both
for tests to determine |
22 | | the presence of any illicit drug; or
|
23 | | (u) comply with other conditions as may be ordered by |
24 | | the court.
|
25 | | (3) The court may as a condition of probation or of |
26 | | conditional discharge
require that a minor found guilty on any |
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1 | | alcohol, cannabis, methamphetamine, or
controlled substance |
2 | | violation, refrain from acquiring a driver's license
during |
3 | | the period of probation or conditional discharge. If the minor |
4 | | is in
possession of a permit or license, the court may require |
5 | | that the minor refrain
from driving or operating any motor |
6 | | vehicle during the period of probation or
conditional |
7 | | discharge, except as may be necessary in the course of the |
8 | | minor's
lawful
employment.
|
9 | | (3.5) The court shall, as a condition of probation or of |
10 | | conditional
discharge,
require that a minor found to be guilty |
11 | | and placed on probation for reasons
that include a
violation |
12 | | of Section 3.02 or Section 3.03 of the Humane Care for Animals |
13 | | Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
|
14 | | Criminal Code of 2012 undergo medical or psychiatric treatment |
15 | | rendered by a
psychiatrist or psychological treatment rendered |
16 | | by a clinical psychologist.
The
condition may be in addition |
17 | | to any other condition.
|
18 | | (3.10) The court shall order that a minor placed on |
19 | | probation or
conditional discharge for a sex offense as |
20 | | defined in the Sex Offender
Management Board Act undergo and |
21 | | successfully complete sex offender treatment.
The treatment |
22 | | shall be in conformance with the standards developed under
the |
23 | | Sex Offender Management Board Act and conducted by a treatment |
24 | | provider
approved by the Board. Court-ordered medical or |
25 | | psychotherapeutic treatment required pursuant to this Section |
26 | | shall be provided at no cost to the minor or the minor's |
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1 | | parent, guardian, or legal custodian. The treatment shall be |
2 | | at the expense of the person
evaluated based upon that |
3 | | person's ability to pay for the treatment.
|
4 | | (4) A minor on probation or conditional discharge shall be |
5 | | given a
certificate setting forth the conditions upon which he |
6 | | or she is being
released.
|
7 | | (5) (Blank). The court shall impose upon a minor placed on |
8 | | probation or conditional
discharge, as a condition of the |
9 | | probation or conditional discharge, a fee of
$50 for each |
10 | | month of probation or conditional discharge supervision |
11 | | ordered by
the court, unless after determining the inability |
12 | | of the minor placed on
probation or conditional discharge to |
13 | | pay the fee, the court assesses a lesser
amount. The court may |
14 | | not impose the fee on a minor who is placed in the guardianship |
15 | | or custody of the Department of Children and Family Services |
16 | | under this Act while the minor is in placement. The fee shall |
17 | | be
imposed only upon a minor who is actively supervised by the |
18 | | probation and court
services department. The court may order |
19 | | the parent, guardian, or legal
custodian of the minor to pay |
20 | | some or all of the fee on the minor's behalf.
|
21 | | (5.5) Jurisdiction over an offender may be transferred |
22 | | from the
sentencing court to the court of another circuit with |
23 | | the concurrence
of both courts. Further transfers or |
24 | | retransfers of jurisdiction are
also authorized in the same |
25 | | manner. The court to which jurisdiction has
been transferred |
26 | | shall have the same powers as the sentencing court.
The |
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1 | | probation department within the circuit to which jurisdiction |
2 | | has
been transferred, or which has agreed to provide |
3 | | supervision, may
impose probation fees upon receiving the |
4 | | transferred offender, as
provided in subsection (i) of Section |
5 | | 5-6-3 of the Unified Code of Corrections. For all transfer |
6 | | cases, as defined in
Section 9b of the Probation and Probation |
7 | | Officers Act, the probation
department from the original |
8 | | sentencing court shall retain all
probation fees collected |
9 | | prior to the transfer. After the transfer, all
probation fees |
10 | | shall be paid to the probation department within the
circuit |
11 | | to which jurisdiction has been transferred. |
12 | | If the transfer case originated in another state and has |
13 | | been transferred under the Interstate Compact for Juveniles to |
14 | | the jurisdiction of an Illinois circuit court for supervision |
15 | | by an Illinois probation department, probation fees may be |
16 | | imposed only if permitted by the Interstate Commission for |
17 | | Juveniles. |
18 | | (6) The General Assembly finds that in order to protect |
19 | | the public, the
juvenile justice system must compel compliance |
20 | | with the conditions of probation
by responding to violations |
21 | | with swift, certain, and fair punishments and
intermediate |
22 | | sanctions. The Chief Judge of each circuit shall adopt a |
23 | | system
of structured, intermediate sanctions for violations of |
24 | | the terms and
conditions of a sentence of supervision, |
25 | | probation or conditional discharge,
under this
Act.
|
26 | | The court shall provide as a condition of a disposition of |
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1 | | probation,
conditional discharge, or supervision, that the |
2 | | probation agency may invoke any
sanction from the list of |
3 | | intermediate sanctions adopted by the chief judge of
the |
4 | | circuit court for violations of the terms and conditions of |
5 | | the sentence of
probation, conditional discharge, or |
6 | | supervision, subject to the provisions of
Section 5-720 of |
7 | | this Act.
|
8 | | (7) The court shall not order a minor or the minor's |
9 | | parent, guardian, or legal custodian to pay costs relating to |
10 | | any condition of probation, conditional discharge, or |
11 | | supervision under this Section, including any fee, fine, or |
12 | | administrative cost authorized under Section 5-4.5-105, |
13 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
14 | | Unified Code of Corrections. |
15 | | (Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
|
16 | | (705 ILCS 405/5-915)
|
17 | | Sec. 5-915. Expungement of juvenile law enforcement and |
18 | | juvenile court records.
|
19 | | (0.05) (Blank). |
20 | | (0.1) (a) The Illinois State Police and all law |
21 | | enforcement agencies within the State shall automatically |
22 | | expunge, on or before January 1 of each year, except as |
23 | | described in paragraph (c) of subsection (0.1), all juvenile |
24 | | law enforcement records relating to events occurring before an |
25 | | individual's 18th birthday if: |
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1 | | (1) one year or more has elapsed since the date of the |
2 | | arrest or law enforcement interaction documented in the |
3 | | records; |
4 | | (2) no petition for delinquency or criminal charges |
5 | | were filed with the clerk of the circuit court relating to |
6 | | the arrest or law enforcement interaction documented in |
7 | | the records; and |
8 | | (3) 6 months have elapsed since the date of the arrest |
9 | | without an additional subsequent arrest or filing of a |
10 | | petition for delinquency or criminal charges whether |
11 | | related or not to the arrest or law enforcement |
12 | | interaction documented in the records. |
13 | | (b) If the law enforcement agency is unable to verify |
14 | | satisfaction of conditions (2) and (3) of this subsection |
15 | | (0.1), records that satisfy condition (1) of this subsection |
16 | | (0.1) shall be automatically expunged if the records relate to |
17 | | an offense that if committed by an adult would not be an |
18 | | offense classified as a Class 2 felony or higher, an offense |
19 | | under Article 11 of the Criminal Code of 1961 or Criminal Code |
20 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, |
21 | | 12-15, or 12-16 of the Criminal Code of 1961. |
22 | | (c) If the juvenile law enforcement record was received |
23 | | through a public submission to a statewide student |
24 | | confidential reporting system administered by the Illinois |
25 | | State Police, the record will be maintained for a period of 5 |
26 | | years according to all other provisions in subsection (0.1). |
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1 | | (0.15) If a juvenile law enforcement record meets |
2 | | paragraph (a) of subsection (0.1) of this Section, a juvenile |
3 | | law enforcement record created: |
4 | | (1) prior to January 1, 2018, but on or after January |
5 | | 1, 2013 shall be automatically expunged prior to January |
6 | | 1, 2020; |
7 | | (2) prior to January 1, 2013, but on or after January |
8 | | 1, 2000, shall be automatically expunged prior to January |
9 | | 1, 2023; and |
10 | | (3) prior to January 1, 2000 shall not be subject to |
11 | | the automatic expungement provisions of this Act. |
12 | | Nothing in this subsection (0.15) shall be construed to |
13 | | restrict or modify an individual's right to have his or her |
14 | | juvenile law enforcement records expunged except as otherwise |
15 | | may be provided in this Act. |
16 | | (0.2) (a) Upon dismissal of a petition alleging |
17 | | delinquency or upon a finding of not delinquent, the |
18 | | successful termination of an order of supervision, or the |
19 | | successful termination of an adjudication for an offense which |
20 | | would be a Class B misdemeanor, Class C misdemeanor, or a petty |
21 | | or business offense if committed by an adult, the court shall |
22 | | automatically order the expungement of the juvenile court |
23 | | records and juvenile law enforcement records. The clerk shall |
24 | | deliver a certified copy of the expungement order to the |
25 | | Illinois State Police and the arresting agency. Upon request, |
26 | | the State's Attorney shall furnish the name of the arresting |
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1 | | agency. The expungement shall be completed within 60 business |
2 | | days after the receipt of the expungement order. |
3 | | (b) If the chief law enforcement officer of the agency, or |
4 | | his or her designee, certifies in writing that certain |
5 | | information is needed for a pending investigation involving |
6 | | the commission of a felony, that information, and information |
7 | | identifying the juvenile, may be retained until the statute of |
8 | | limitations for the felony has run. If the chief law |
9 | | enforcement officer of the agency, or his or her designee, |
10 | | certifies in writing that certain information is needed with |
11 | | respect to an internal investigation of any law enforcement |
12 | | office, that information and information identifying the |
13 | | juvenile may be retained within an intelligence file until the |
14 | | investigation is terminated or the disciplinary action, |
15 | | including appeals, has been completed, whichever is later. |
16 | | Retention of a portion of a juvenile's law enforcement record |
17 | | does not disqualify the remainder of his or her record from |
18 | | immediate automatic expungement. |
19 | | (0.3) (a) Upon an adjudication of delinquency based on any |
20 | | offense except a disqualified offense, the juvenile court |
21 | | shall automatically order the expungement of the juvenile |
22 | | court and law enforcement records 2 years after the juvenile's |
23 | | case was closed if no delinquency or criminal proceeding is |
24 | | pending and the person has had no subsequent delinquency |
25 | | adjudication or criminal conviction. The clerk shall deliver a |
26 | | certified copy of the expungement order to the Illinois State |
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1 | | Police and the arresting agency. Upon request, the State's |
2 | | Attorney shall furnish the name of the arresting agency. The |
3 | | expungement shall be completed within 60 business days after |
4 | | the receipt of the expungement order. In this subsection |
5 | | (0.3), "disqualified offense" means any of the following |
6 | | offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, |
7 | | 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, |
8 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, |
9 | | 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, |
10 | | 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, |
11 | | 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, |
12 | | 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, |
13 | | 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or |
14 | | subsection (b) of Section 8-1, paragraph (4) of subsection (a) |
15 | | of Section 11-14.4, subsection (a-5) of Section 12-3.1, |
16 | | paragraph (1), (2), or (3) of subsection (a) of Section 12-6, |
17 | | subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or |
18 | | (2) of subsection (a) of Section 12-7.4, subparagraph (i) of |
19 | | paragraph (1) of subsection (a) of Section 12-9, subparagraph |
20 | | (H) of paragraph (3) of subsection (a) of Section 24-1.6, |
21 | | paragraph (1) of subsection (a) of Section 25-1, or subsection |
22 | | (a-7) of Section 31-1 of the Criminal Code of 2012. |
23 | | (b) If the chief law enforcement officer of the agency, or |
24 | | his or her designee, certifies in writing that certain |
25 | | information is needed for a pending investigation involving |
26 | | the commission of a felony, that information, and information |
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1 | | identifying the juvenile, may be retained in an intelligence |
2 | | file until the investigation is terminated or for one |
3 | | additional year, whichever is sooner. Retention of a portion |
4 | | of a juvenile's juvenile law enforcement record does not |
5 | | disqualify the remainder of his or her record from immediate |
6 | | automatic expungement. |
7 | | (0.4) Automatic expungement for the purposes of this |
8 | | Section shall not require law enforcement agencies to |
9 | | obliterate or otherwise destroy juvenile law enforcement |
10 | | records that would otherwise need to be automatically expunged |
11 | | under this Act, except after 2 years following the subject |
12 | | arrest for purposes of use in civil litigation against a |
13 | | governmental entity or its law enforcement agency or personnel |
14 | | which created, maintained, or used the records. However, these |
15 | | juvenile law enforcement records shall be considered expunged |
16 | | for all other purposes during this period and the offense, |
17 | | which the records or files concern, shall be treated as if it |
18 | | never occurred as required under Section 5-923. |
19 | | (0.5) Subsection (0.1) or (0.2) of this Section does not |
20 | | apply to violations of traffic, boating, fish and game laws, |
21 | | or county or municipal ordinances. |
22 | | (0.6) Juvenile law enforcement records of a plaintiff who |
23 | | has filed civil litigation against the governmental entity or |
24 | | its law enforcement agency or personnel that created, |
25 | | maintained, or used the records, or juvenile law enforcement |
26 | | records that contain information related to the allegations |
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1 | | set forth in the civil litigation may not be expunged until |
2 | | after 2 years have elapsed after the conclusion of the |
3 | | lawsuit, including any appeal. |
4 | | (0.7) Officer-worn body camera recordings shall not be |
5 | | automatically expunged except as otherwise authorized by the |
6 | | Law Enforcement Officer-Worn Body Camera Act. |
7 | | (1) Whenever a person has been arrested, charged, or |
8 | | adjudicated delinquent for an incident occurring before his or |
9 | | her 18th birthday that if committed by an adult would be an |
10 | | offense, and that person's juvenile law enforcement and |
11 | | juvenile court records are not eligible for automatic |
12 | | expungement under subsection (0.1), (0.2), or (0.3), the
|
13 | | person may petition the court at any time at no cost to the |
14 | | person for expungement of juvenile law
enforcement records and |
15 | | juvenile court records relating to the incident and, upon |
16 | | termination of all juvenile
court proceedings relating to that |
17 | | incident, the court shall order the expungement of all records |
18 | | in the possession of the Illinois State Police, the clerk of |
19 | | the circuit court, and law enforcement agencies relating to |
20 | | the incident, but only in any of the following circumstances:
|
21 | | (a) the minor was arrested and no petition for |
22 | | delinquency was filed with
the clerk of the circuit court; |
23 | | (a-5) the minor was charged with an offense and the |
24 | | petition or petitions were dismissed without a finding of |
25 | | delinquency;
|
26 | | (b) the minor was charged with an offense and was |
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1 | | found not delinquent of
that offense;
|
2 | | (c) the minor was placed under supervision under |
3 | | Section 5-615, and
the order of
supervision has since been |
4 | | successfully terminated; or
|
5 | | (d)
the minor was adjudicated for an offense which |
6 | | would be a Class B
misdemeanor, Class C misdemeanor, or a |
7 | | petty or business offense if committed by an adult.
|
8 | | (1.5) At no cost to the person, the The Illinois State |
9 | | Police shall allow a person to use the Access and Review |
10 | | process, established in the Illinois State Police, for |
11 | | verifying that his or her juvenile law enforcement records |
12 | | relating to incidents occurring before his or her 18th |
13 | | birthday eligible under this Act have been expunged. |
14 | | (1.6) (Blank). |
15 | | (1.7) (Blank). |
16 | | (1.8) (Blank). |
17 | | (2) Any person whose delinquency adjudications are not |
18 | | eligible for automatic expungement under subsection (0.3) of |
19 | | this Section may petition the court at no cost to the person to |
20 | | expunge all juvenile law enforcement records
relating to any
|
21 | | incidents occurring before his or her 18th birthday which did |
22 | | not result in
proceedings in criminal court and all juvenile |
23 | | court records with respect to
any adjudications except those |
24 | | based upon first degree
murder or an offense under Article 11 |
25 | | of the Criminal Code of 2012 if the person is required to |
26 | | register under the Sex Offender Registration Act at the time |
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1 | | he or she petitions the court for expungement; provided that 2 |
2 | | years have elapsed since all juvenile court proceedings |
3 | | relating to
him or her have been terminated and his or her |
4 | | commitment to the Department of
Juvenile Justice
under this |
5 | | Act has been terminated.
|
6 | | (2.5) If a minor is arrested and no petition for |
7 | | delinquency is filed with the clerk of the circuit court at the |
8 | | time the minor is released from custody, the youth officer, if |
9 | | applicable, or other designated person from the arresting |
10 | | agency, shall notify verbally and in writing to the minor or |
11 | | the minor's parents or guardians that the minor shall have an |
12 | | arrest record and shall provide the minor and the minor's |
13 | | parents or guardians with an expungement information packet, |
14 | | information regarding this State's expungement laws including |
15 | | a petition to expunge juvenile law enforcement and juvenile |
16 | | court records obtained from the clerk of the circuit court. |
17 | | (2.6) If a minor is referred to court, then, at the time of |
18 | | sentencing, dismissal of the case, or successful completion of |
19 | | supervision, the judge shall inform the delinquent minor of |
20 | | his or her rights regarding expungement and the clerk of the |
21 | | circuit court shall provide an expungement information packet |
22 | | to the minor, written in plain language, including information |
23 | | regarding this State's expungement laws and a petition for |
24 | | expungement, a sample of a completed petition, expungement |
25 | | instructions that shall include information informing the |
26 | | minor that (i) once the case is expunged, it shall be treated |
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1 | | as if it never occurred, (ii) he or she shall not be charged a |
2 | | fee to petition for expungement may apply to have petition |
3 | | fees waived , (iii) once he or she obtains an expungement, he or |
4 | | she may not be required to disclose that he or she had a |
5 | | juvenile law enforcement or juvenile court record, and (iv) if |
6 | | petitioning he or she may file the petition on his or her own |
7 | | or with the assistance of an attorney. The failure of the judge |
8 | | to inform the delinquent minor of his or her right to petition |
9 | | for expungement as provided by law does not create a |
10 | | substantive right, nor is that failure grounds for: (i) a |
11 | | reversal of an adjudication of delinquency; (ii) a new trial; |
12 | | or (iii) an appeal. |
13 | | (2.7) (Blank). |
14 | | (2.8) (Blank). |
15 | | (3) (Blank).
|
16 | | (3.1) (Blank).
|
17 | | (3.2) (Blank). |
18 | | (3.3) (Blank).
|
19 | | (4) (Blank).
|
20 | | (5) (Blank).
|
21 | | (5.5) Whether or not expunged, records eligible for |
22 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or |
23 | | (0.3)(a) may be treated as expunged by the individual subject |
24 | | to the records. |
25 | | (6) (Blank). |
26 | | (6.5) The Illinois State Police or any employee of the |
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1 | | Illinois State Police shall be immune from civil or criminal |
2 | | liability for failure to expunge any records of arrest that |
3 | | are subject to expungement under this Section because of |
4 | | inability to verify a record. Nothing in this Section shall |
5 | | create Illinois State Police liability or responsibility for |
6 | | the expungement of juvenile law enforcement records it does |
7 | | not possess. |
8 | | (7) (Blank).
|
9 | | (7.5) (Blank). |
10 | | (8) The expungement of juvenile law enforcement or |
11 | | juvenile court records under subsection (0.1), (0.2), or (0.3) |
12 | | of this Section shall be funded by appropriation by the |
13 | | General Assembly for that purpose. |
14 | | (9) (Blank). |
15 | | (10) (Blank). |
16 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; |
17 | | 102-752, eff. 1-1-23; revised 8-23-22.)
|
18 | | (705 ILCS 405/6-7) (from Ch. 37, par. 806-7)
|
19 | | Sec. 6-7. Financial responsibility of counties. |
20 | | (1) Each county board shall provide in its annual |
21 | | appropriation
ordinance or annual budget, as the case may be, |
22 | | a reasonable sum for payments for the
care and support of |
23 | | minors, and for payments for court appointed counsel
in |
24 | | accordance with orders entered under this
Act in an amount |
25 | | which in the judgment of the county board may be needed for
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1 | | that purpose. Such appropriation or budget item constitutes a |
2 | | separate
fund into which shall be paid not only the moneys |
3 | | appropriated by the
county board, and but also all |
4 | | reimbursements by parents and other persons
and by the State. |
5 | | For cases involving minors subject to Article III, IV, or V of |
6 | | this Act or minors under the age of 18 transferred to adult |
7 | | court or excluded from juvenile court jurisdiction under |
8 | | Article V of this Act, the county board shall not seek |
9 | | reimbursement from a minor or the minor's parent, guardian, or |
10 | | legal custodian.
|
11 | | (2) No county may be charged with the care and support of |
12 | | any minor
who is not a resident of the county unless his |
13 | | parents or guardian are
unknown or the minor's place of |
14 | | residence cannot be determined.
|
15 | | (3) No order upon the county for care and support of a |
16 | | minor may be
entered until the president or chairman of the |
17 | | county board has had due
notice that such a proceeding is |
18 | | pending.
|
19 | | (Source: P.A. 85-1235; 85-1443; 86-820.)
|
20 | | (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
|
21 | | Sec. 6-9. Enforcement of liability of parents and others.
|
22 | | (1) If parentage is at issue in any proceeding under this |
23 | | Act, other than cases involving those exceptions to the |
24 | | definition of parent set out in item (11) in Section 1-3, then |
25 | | the
Illinois Parentage Act of 2015 shall apply and the court |
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1 | | shall enter orders
consistent with that Act. If it appears at |
2 | | any hearing that a parent or
any other person named in the |
3 | | petition, liable under the law for the
support of the minor, is |
4 | | able to contribute to his or her support, the court
shall enter |
5 | | an order requiring that parent or other person to pay the clerk |
6 | | of
the court, or to the guardian or custodian appointed under |
7 | | Section 2-27 Sections 2-27,
3-28, 4-25 or 5-740 , a reasonable |
8 | | sum from time to time for the care,
support , and necessary |
9 | | special care or treatment , of the minor.
If the court
|
10 | | determines at any hearing that a parent or any other person |
11 | | named in the
petition, liable under the law for the support of |
12 | | the minor, is able to
contribute to help defray the costs |
13 | | associated with the minor's detention in a
county or regional |
14 | | detention center, the court shall enter an order requiring
|
15 | | that parent or other person to pay the clerk of the court a |
16 | | reasonable sum for
the care and support of the minor.
The court
|
17 | | may require reasonable security for the payments. Upon failure |
18 | | to pay, the
court may enforce obedience to the order by a |
19 | | proceeding as for contempt of
court.
|
20 | | The court shall not order a parent, guardian, or legal |
21 | | custodian liable under the law for the support of a minor to |
22 | | pay for costs associated with detention, legal representation, |
23 | | or other matters under Article III, IV, or V of this Act. |
24 | | If it appears that the person liable for the support of the |
25 | | minor is
able to contribute to legal fees for representation |
26 | | of the minor, the court
shall enter an order requiring that |
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1 | | person to pay a reasonable sum for the
representation, to the |
2 | | attorney providing the representation or to the
clerk of the |
3 | | court for deposit in the appropriate account or fund. The sum
|
4 | | may be paid as the court directs, and the payment thereof |
5 | | secured and
enforced as provided in this Section for support.
|
6 | | If it appears at the detention or shelter care hearing of a |
7 | | minor before
the court under Section 5-501 that a parent or any |
8 | | other person
liable for
support of the minor is able to |
9 | | contribute to his or her support, that parent
or other person |
10 | | shall be required to pay a fee for room and board at a rate not
|
11 | | to exceed $10 per day established, with the concurrence of the |
12 | | chief judge of
the judicial circuit, by the county board of the |
13 | | county in which the minor is
detained unless the court |
14 | | determines that it is in the best interest and
welfare of the |
15 | | minor to waive the fee. The concurrence of the chief judge
|
16 | | shall be in the form of an administrative order. Each week, on |
17 | | a day
designated by the clerk of the circuit court, that parent |
18 | | or other person shall
pay the clerk for the minor's room and |
19 | | board. All fees for room and board
collected by the circuit |
20 | | court clerk shall be disbursed into the separate
county fund |
21 | | under Section 6-7.
|
22 | | Upon application, the court shall waive liability for |
23 | | support or legal fees
under this Section if the parent or other |
24 | | person establishes that he or she is
indigent and unable to pay |
25 | | the incurred liability, and the court may reduce or
waive |
26 | | liability if the parent or other person establishes |
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1 | | circumstances showing
that full payment of support or legal |
2 | | fees would result in financial hardship
to the person or his or |
3 | | her family.
|
4 | | (2) (Blank). When a person so ordered to pay for the care |
5 | | and support of a minor
is employed for wages, salary or |
6 | | commission, the court may order him to
make the support |
7 | | payments for which he is liable under this Act out of his
|
8 | | wages, salary or commission and to assign so much thereof as |
9 | | will pay the
support. The court may also order him to make |
10 | | discovery to the court as to
his place of employment and the |
11 | | amounts earned by him. Upon his failure to
obey the orders of |
12 | | court he may be punished as for contempt of court.
|
13 | | (3) If the minor is a recipient of public aid under the |
14 | | Illinois Public
Aid Code, the court shall order that payments |
15 | | made by a parent or through
assignment of his wages, salary or |
16 | | commission be made directly to (a) the
Department of |
17 | | Healthcare and Family Services if the minor is a recipient of |
18 | | aid under
Article V of the Code, (b) the Department of Human |
19 | | Services if the
minor is a recipient of aid under Article IV of |
20 | | the Code, or (c)
the local governmental unit
responsible for |
21 | | the support of the minor if he is a recipient under
Articles VI |
22 | | or VII of the Code. The order shall permit the
Department of |
23 | | Healthcare and Family Services, the Department of Human |
24 | | Services, or the local
governmental unit, as the case may
be, |
25 | | to direct that subsequent payments be made directly to the |
26 | | guardian or
custodian of the minor, or to some other person or |
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1 | | agency in the minor's
behalf, upon removal of the minor from |
2 | | the public aid rolls; and upon such
direction and removal of |
3 | | the minor from the public aid rolls, the
Department of |
4 | | Healthcare and Family Services, Department of Human Services, |
5 | | or local
governmental unit, as the case requires, shall give
|
6 | | written notice of such action to the court. Payments received |
7 | | by the
Department of Healthcare and Family Services, |
8 | | Department of Human Services, or local
governmental unit are |
9 | | to be
covered, respectively, into the General Revenue Fund of |
10 | | the State Treasury
or General Assistance Fund of the |
11 | | governmental unit, as provided in Section
10-19 of the |
12 | | Illinois Public Aid Code.
|
13 | | (Source: P.A. 99-85, eff. 1-1-16 .)
|
14 | | Section 25. The Juvenile Drug Court Treatment Act is |
15 | | amended by changing Section 25 as follows:
|
16 | | (705 ILCS 410/25)
|
17 | | Sec. 25. Procedure.
|
18 | | (a) The court shall order an eligibility screening and an
|
19 | | assessment of the minor by an agent designated by the
State of |
20 | | Illinois to provide assessment services for the
Illinois |
21 | | Courts. An assessment need not be ordered if the
court finds a |
22 | | valid assessment related to the present charge
pending against |
23 | | the minor has been completed within the
previous 60 days.
|
24 | | (b) The judge shall inform the minor that if the
minor |
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1 | | fails to meet the conditions of the drug court
program, |
2 | | eligibility to participate in the program may be
revoked and |
3 | | the minor may be sentenced or the prosecution
continued as |
4 | | provided in the Juvenile Court Act of 1987 for
the crime |
5 | | charged.
|
6 | | (c) The minor shall execute a written agreement as
to his |
7 | | or her participation in the program and shall agree to
all of |
8 | | the terms and conditions of the program, including but
not |
9 | | limited to the possibility of sanctions or incarceration
for |
10 | | failing to abide or comply with the terms of the program.
|
11 | | (d) In addition to any conditions authorized under |
12 | | Sections 5-505, 5-710,
and 5-715 of the Juvenile Court Act of |
13 | | 1987 , the court may order the minor to complete
substance |
14 | | abuse treatment in an outpatient, inpatient,
residential, or |
15 | | detention-based custodial treatment program. Any
period of |
16 | | time a minor shall serve in a detention-based
treatment |
17 | | program may not be reduced by the accumulation of
good time or |
18 | | other credits and may be for a period of up to
120 days.
|
19 | | (e) The drug court program shall include a regimen of
|
20 | | graduated requirements and rewards and sanctions, including ,
|
21 | | but not limited to: fines, costs, restitution, reasonable |
22 | | public service
employment ,
incarceration of up to 120 days, |
23 | | individual and group
therapy, drug analysis testing, close |
24 | | monitoring by the court
at a minimum of once every 30 days and |
25 | | supervision of
progress, educational or vocational counseling |
26 | | as
appropriate, and other requirements necessary to fulfill |
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1 | | the
drug court program. Reasonable public service shall not |
2 | | interfere with school hours, school-related activities, or |
3 | | work commitments of the minor or the minor's parent, guardian, |
4 | | or legal custodian. |
5 | | (f) The court shall not order any fees, fines, or |
6 | | administrative costs under this Section against minors or |
7 | | their parents, guardians, or legal custodians.
|
8 | | (Source: P.A. 92-559, eff. 1-1-03.)
|
9 | | Section 30. The Criminal Code of 2012 is amended by |
10 | | changing Section 12C-60 as follows: |
11 | | (720 ILCS 5/12C-60) |
12 | | (Text of Section before amendment by P.A. 102-982 ) |
13 | | Sec. 12C-60. Curfew. |
14 | | (a) Curfew offenses. |
15 | | (1) A minor commits a curfew offense when he or she |
16 | | remains in any public place or on the premises of any |
17 | | establishment during curfew hours. |
18 | | (2) A parent or guardian of a minor or other person in |
19 | | custody or control of a minor commits a curfew offense |
20 | | when he or she knowingly permits the minor to remain in any |
21 | | public place or on the premises of any establishment |
22 | | during curfew hours. |
23 | | (b) Curfew defenses. It is a defense to prosecution under |
24 | | subsection (a) that the minor was: |
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1 | | (1) accompanied by the minor's parent or guardian or |
2 | | other person in custody or control of the minor; |
3 | | (2) on an errand at the direction of the minor's |
4 | | parent or guardian, without any detour or stop; |
5 | | (3) in a motor vehicle involved in interstate travel; |
6 | | (4) engaged in an employment activity or going to or |
7 | | returning home from an employment activity, without any |
8 | | detour or stop; |
9 | | (5) involved in an emergency; |
10 | | (6) on the sidewalk abutting the minor's residence or |
11 | | abutting the residence of a next-door neighbor if the |
12 | | neighbor did not complain to the police department about |
13 | | the minor's presence; |
14 | | (7) attending an official school, religious, or other |
15 | | recreational activity supervised by adults and sponsored |
16 | | by a government or governmental agency, a civic |
17 | | organization, or another similar entity that takes |
18 | | responsibility for the minor, or going to or returning |
19 | | home from, without any detour or stop, an official school, |
20 | | religious, or other recreational activity supervised by |
21 | | adults and sponsored by a government or governmental |
22 | | agency, a civic organization, or another similar entity |
23 | | that takes responsibility for the minor; |
24 | | (8) exercising First Amendment rights protected by the |
25 | | United States Constitution, such as the free exercise of |
26 | | religion, freedom of speech, and the right of assembly; or |
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1 | | (9) married or had been married or is an emancipated |
2 | | minor under the Emancipation of Minors Act. |
3 | | (c) Enforcement. Before taking any enforcement action |
4 | | under this Section, a law enforcement officer shall ask the |
5 | | apparent offender's age and reason for being in the public |
6 | | place. The officer shall not issue a citation or make an arrest |
7 | | under this Section unless the officer reasonably believes that |
8 | | an offense has occurred and that, based on any response and |
9 | | other circumstances, no defense in subsection (b) is present.
|
10 | | (d) Definitions. In this Section: |
11 | | (1) "Curfew hours" means: |
12 | | (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; |
13 | | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; |
14 | | and |
15 | | (C) Between 11:00 p.m. on Sunday to Thursday, |
16 | | inclusive, and 6:00 a.m. on the following day. |
17 | | (2) "Emergency" means an unforeseen combination of |
18 | | circumstances or the resulting state that calls for |
19 | | immediate action. The term includes, but is not limited |
20 | | to, a fire, a natural disaster, an automobile accident, or |
21 | | any situation requiring immediate action to prevent |
22 | | serious bodily injury or loss of life. |
23 | | (3) "Establishment" means any privately-owned place of
|
24 | | business operated for a profit to which the public is
|
25 | | invited, including, but not limited to, any place of |
26 | | amusement
or entertainment.
|
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1 | | (4) "Guardian" means: |
2 | | (A) a person who, under court order, is the |
3 | | guardian of the person of a minor; or |
4 | | (B) a public or private agency with whom a minor |
5 | | has been placed by a court. |
6 | | (5) "Minor" means any person under 17 years of age. |
7 | | (6) "Parent" means a person who is: |
8 | | (A) a natural parent, adoptive parent, or |
9 | | step-parent of another person; or |
10 | | (B) at least 18 years of age and authorized by a |
11 | | parent or guardian to have the care and custody of a |
12 | | minor. |
13 | | (7) "Public place" means any place to which the public |
14 | | or a substantial group of the public has access and |
15 | | includes, but is not limited to, streets, highways, and |
16 | | the common areas of schools, hospitals, apartment houses, |
17 | | office buildings, transport facilities, and shops. |
18 | | (8) "Remain" means to: |
19 | | (A) linger or stay; or |
20 | | (B) fail to leave premises when requested to do so |
21 | | by a police officer or the owner, operator, or other |
22 | | person in control of the premises. |
23 | | (9) "Serious bodily injury" means bodily injury that |
24 | | creates a substantial risk of death or that causes death, |
25 | | serious permanent disfigurement, or protracted loss or |
26 | | impairment of the function of any bodily member or organ. |
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1 | | (e) Sentence. A violation of this Section
is a petty |
2 | | offense with a fine of not less than
$10 nor
more than $500, |
3 | | except that neither a person who has been made a ward of the
|
4 | | court under the Juvenile Court Act of 1987, nor that person's |
5 | | legal guardian,
shall be subject to any fine. In addition to or |
6 | | instead of the
fine imposed
by this Section, the court may |
7 | | order a parent, legal guardian, or other person
convicted of a |
8 | | violation of subsection (a) of this
Section to perform |
9 | | community service as determined by the court, except that
the |
10 | | legal guardian of a person subject to delinquency proceedings |
11 | | or who has been made a ward of the court under the
Juvenile |
12 | | Court Act of 1987 may not be ordered to perform community |
13 | | service.
The dates and
times established for the performance |
14 | | of community service by the parent, legal
guardian, or other |
15 | | person convicted of a violation of subsection (a) of this
|
16 | | Section shall not conflict with the dates and times that the |
17 | | person is
employed in his or her regular occupation. The court |
18 | | shall not order fees, fines, or administrative costs against a |
19 | | minor under the age of 18 transferred to adult court or |
20 | | excluded from juvenile court jurisdiction under Article V of |
21 | | the Juvenile Court Act of 1987, or the minor's parent, |
22 | | guardian, or legal custodian. |
23 | | (f) County, municipal and other local boards and bodies |
24 | | authorized to
adopt local police laws and regulations under |
25 | | the constitution and laws of
this State may exercise |
26 | | legislative or regulatory authority over this
subject matter |
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1 | | by ordinance or resolution incorporating the substance of
this |
2 | | Section or increasing the requirements thereof or otherwise |
3 | | not in
conflict with this Section.
|
4 | | (Source: P.A. 97-1109, eff. 1-1-13.) |
5 | | (Text of Section after amendment by P.A. 102-982 ) |
6 | | Sec. 12C-60. Curfew. |
7 | | (a) Curfew offenses. |
8 | | (1) A minor commits a curfew offense when he or she |
9 | | remains in any public place or on the premises of any |
10 | | establishment during curfew hours. |
11 | | (2) A parent or guardian of a minor or other person in |
12 | | custody or control of a minor commits a curfew offense |
13 | | when he or she knowingly permits the minor to remain in any |
14 | | public place or on the premises of any establishment |
15 | | during curfew hours. |
16 | | (b) Curfew defenses. It is a defense to prosecution under |
17 | | subsection (a) that the minor was: |
18 | | (1) accompanied by the minor's parent or guardian or |
19 | | other person in custody or control of the minor; |
20 | | (2) on an errand at the direction of the minor's |
21 | | parent or guardian, without any detour or stop; |
22 | | (3) in a motor vehicle involved in interstate travel; |
23 | | (4) engaged in an employment activity or going to or |
24 | | returning home from an employment activity, without any |
25 | | detour or stop; |
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1 | | (5) involved in an emergency; |
2 | | (6) on the sidewalk abutting the minor's residence or |
3 | | abutting the residence of a next-door neighbor if the |
4 | | neighbor did not complain to the police department about |
5 | | the minor's presence; |
6 | | (7) attending an official school, religious, or other |
7 | | recreational activity supervised by adults and sponsored |
8 | | by a government or governmental agency, a civic |
9 | | organization, or another similar entity that takes |
10 | | responsibility for the minor, or going to or returning |
11 | | home from, without any detour or stop, an official school, |
12 | | religious, or other recreational activity supervised by |
13 | | adults and sponsored by a government or governmental |
14 | | agency, a civic organization, or another similar entity |
15 | | that takes responsibility for the minor; |
16 | | (8) exercising First Amendment rights protected by the |
17 | | United States Constitution, such as the free exercise of |
18 | | religion, freedom of speech, and the right of assembly; or |
19 | | (9) married or had been married or is an emancipated |
20 | | minor under the Emancipation of Minors Act. |
21 | | (c) Enforcement. Before taking any enforcement action |
22 | | under this Section, a law enforcement officer shall ask the |
23 | | apparent offender's age and reason for being in the public |
24 | | place. The officer shall not issue a citation or make an arrest |
25 | | under this Section unless the officer reasonably believes that |
26 | | an offense has occurred and that, based on any response and |
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1 | | other circumstances, no defense in subsection (b) is present.
|
2 | | (d) Definitions. In this Section: |
3 | | (1) "Curfew hours" means: |
4 | | (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; |
5 | | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; |
6 | | and |
7 | | (C) Between 11:00 p.m. on Sunday to Thursday, |
8 | | inclusive, and 6:00 a.m. on the following day. |
9 | | (2) "Emergency" means an unforeseen combination of |
10 | | circumstances or the resulting state that calls for |
11 | | immediate action. The term includes, but is not limited |
12 | | to, a fire, a natural disaster, an automobile crash, or |
13 | | any situation requiring immediate action to prevent |
14 | | serious bodily injury or loss of life. |
15 | | (3) "Establishment" means any privately-owned place of
|
16 | | business operated for a profit to which the public is
|
17 | | invited, including, but not limited to, any place of |
18 | | amusement
or entertainment.
|
19 | | (4) "Guardian" means: |
20 | | (A) a person who, under court order, is the |
21 | | guardian of the person of a minor; or |
22 | | (B) a public or private agency with whom a minor |
23 | | has been placed by a court. |
24 | | (5) "Minor" means any person under 17 years of age. |
25 | | (6) "Parent" means a person who is: |
26 | | (A) a natural parent, adoptive parent, or |
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1 | | step-parent of another person; or |
2 | | (B) at least 18 years of age and authorized by a |
3 | | parent or guardian to have the care and custody of a |
4 | | minor. |
5 | | (7) "Public place" means any place to which the public |
6 | | or a substantial group of the public has access and |
7 | | includes, but is not limited to, streets, highways, and |
8 | | the common areas of schools, hospitals, apartment houses, |
9 | | office buildings, transport facilities, and shops. |
10 | | (8) "Remain" means to: |
11 | | (A) linger or stay; or |
12 | | (B) fail to leave premises when requested to do so |
13 | | by a police officer or the owner, operator, or other |
14 | | person in control of the premises. |
15 | | (9) "Serious bodily injury" means bodily injury that |
16 | | creates a substantial risk of death or that causes death, |
17 | | serious permanent disfigurement, or protracted loss or |
18 | | impairment of the function of any bodily member or organ. |
19 | | (e) Sentence. A violation of this Section
is a petty |
20 | | offense with a fine of not less than
$10 nor
more than $500, |
21 | | except that neither a person who has been made a ward of the
|
22 | | court under the Juvenile Court Act of 1987, nor that person's |
23 | | legal guardian,
shall be subject to any fine. In addition to or |
24 | | instead of the
fine imposed
by this Section, the court may |
25 | | order a parent, legal guardian, or other person
convicted of a |
26 | | violation of subsection (a) of this
Section to perform |
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1 | | community service as determined by the court, except that
the |
2 | | legal guardian of a person subject to delinquency proceedings |
3 | | or who has been made a ward of the court under the
Juvenile |
4 | | Court Act of 1987 may not be ordered to perform community |
5 | | service.
The dates and
times established for the performance |
6 | | of community service by the parent, legal
guardian, or other |
7 | | person convicted of a violation of subsection (a) of this
|
8 | | Section shall not conflict with the dates and times that the |
9 | | person is
employed in his or her regular occupation. The court |
10 | | shall not order fees, fines, or administrative costs against a |
11 | | minor under the age of 18 transferred to adult court or |
12 | | excluded from juvenile court jurisdiction under Article V of |
13 | | the Juvenile Court Act of 1987, or the minor's parent, |
14 | | guardian, or legal custodian. |
15 | | (f) County, municipal and other local boards and bodies |
16 | | authorized to
adopt local police laws and regulations under |
17 | | the constitution and laws of
this State may exercise |
18 | | legislative or regulatory authority over this
subject matter |
19 | | by ordinance or resolution incorporating the substance of
this |
20 | | Section or increasing the requirements thereof or otherwise |
21 | | not in
conflict with this Section.
|
22 | | (Source: P.A. 102-982, eff. 7-1-23.) |
23 | | Section 35. The Cannabis Control Act is amended by |
24 | | changing Sections 4 and 10 as follows:
|
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1 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
|
2 | | Sec. 4. Except as otherwise provided in the Cannabis |
3 | | Regulation and Tax Act and the Industrial Hemp Act, it is |
4 | | unlawful for any person knowingly to possess cannabis. |
5 | | Any person
who violates this Section with respect to:
|
6 | | (a) not more than 10 grams of any substance containing |
7 | | cannabis is
guilty of a civil law violation punishable by |
8 | | a minimum fine of $100 and a maximum fine of $200. The |
9 | | proceeds of the fine shall be payable to the clerk of the |
10 | | circuit court. Within 30 days after the deposit of the |
11 | | fine, the clerk shall distribute the proceeds of the fine |
12 | | as follows: |
13 | | (1) $10 of the fine to the circuit clerk and $10 of |
14 | | the fine to the law enforcement agency that issued the |
15 | | citation; the proceeds of each $10 fine distributed to |
16 | | the circuit clerk and each $10 fine distributed to the |
17 | | law enforcement agency that issued the citation for |
18 | | the violation shall be used to defer the cost of |
19 | | automatic expungements under paragraph (2.5) of |
20 | | subsection (a) of Section 5.2 of the Criminal |
21 | | Identification Act; |
22 | | (2) $15 to the county to fund drug addiction |
23 | | services; |
24 | | (3) $10 to the Office of the State's Attorneys |
25 | | Appellate Prosecutor for use in training programs; |
26 | | (4) $10 to the State's Attorney; and |
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1 | | (5) any remainder of the fine to the law |
2 | | enforcement agency that issued the citation for the |
3 | | violation. |
4 | | With respect to funds designated for the Illinois |
5 | | State Police, the moneys shall be remitted by the circuit |
6 | | court clerk to the Illinois State Police within one month |
7 | | after receipt for deposit into the State Police Operations |
8 | | Assistance Fund. With respect to funds designated for the |
9 | | Department of Natural Resources, the Department of Natural |
10 | | Resources shall deposit the moneys into the Conservation |
11 | | Police Operations Assistance Fund;
|
12 | | (b) more than 10 grams but not more than 30 grams of |
13 | | any substance
containing cannabis is guilty of a Class B |
14 | | misdemeanor;
|
15 | | (c) more than 30 grams but not more than 100 grams of |
16 | | any substance
containing cannabis is guilty of a Class A |
17 | | misdemeanor; provided, that if
any offense under this |
18 | | subsection (c) is a subsequent offense, the offender
shall |
19 | | be guilty of a Class 4 felony;
|
20 | | (d) more than 100 grams but not more than 500 grams of |
21 | | any substance
containing cannabis is guilty of a Class 4 |
22 | | felony; provided that if any
offense under this subsection |
23 | | (d) is a subsequent offense, the offender
shall be guilty |
24 | | of a Class 3 felony;
|
25 | | (e) more than 500 grams but not more than 2,000 grams |
26 | | of any substance
containing cannabis is guilty
of a Class |
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1 | | 3 felony;
|
2 | | (f) more than 2,000 grams but not more than 5,000 |
3 | | grams of any
substance containing cannabis is guilty of a |
4 | | Class 2 felony;
|
5 | | (g) more than 5,000 grams of any substance containing |
6 | | cannabis is guilty
of a Class 1 felony.
|
7 | | The court shall not order fines or any other applicable |
8 | | assessments authorized under this Section against a minor |
9 | | subject to Article III, IV, or V of the Juvenile Court Act of |
10 | | 1987, or a minor under the age of 18 transferred to adult court |
11 | | or excluded from juvenile court jurisdiction under Article V |
12 | | of the Juvenile Court Act of 1987, or the minor's parent, |
13 | | guardian, or legal custodian. |
14 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
15 | | 102-538, eff. 8-20-21.)
|
16 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
|
17 | | Sec. 10. (a)
Whenever any person who has not previously |
18 | | been convicted of any felony offense under this Act or any
law |
19 | | of the United States or of any State relating to cannabis, or |
20 | | controlled
substances as defined in the Illinois Controlled |
21 | | Substances Act, pleads
guilty to or is found guilty of |
22 | | violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of |
23 | | this Act, the court may, without entering a
judgment and with |
24 | | the consent of such person, sentence him to probation.
|
25 | | (b) When a person is placed on probation, the court shall |
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1 | | enter an order
specifying a period of probation of 24 months, |
2 | | and shall defer further
proceedings in
the case until the |
3 | | conclusion of the period or until the filing of a petition
|
4 | | alleging violation of a term or condition of probation.
|
5 | | (c) The conditions of probation shall be that the person: |
6 | | (1) not violate
any criminal statute of any jurisdiction; (2) |
7 | | refrain from possession of a
firearm
or other dangerous |
8 | | weapon; (3) submit to periodic drug testing at a time and in
a |
9 | | manner as ordered by the court, but no less than 3 times during |
10 | | the period of
the probation, with the cost of the testing to be |
11 | | paid by the probationer; and
(4) perform no less than 30 hours |
12 | | of community service, provided community
service is available |
13 | | in the jurisdiction and is funded and approved by the
county |
14 | | board. The court may give credit toward the fulfillment of |
15 | | community service hours for participation in activities and |
16 | | treatment as determined by court services.
|
17 | | (d) The court may, in addition to other conditions, |
18 | | require
that the person:
|
19 | | (1) make a report to and appear in person before or |
20 | | participate with the
court or such courts, person, or |
21 | | social service agency as directed by the
court in the |
22 | | order of probation;
|
23 | | (2) pay a fine and costs;
|
24 | | (3) work or pursue a course of study or vocational |
25 | | training;
|
26 | | (4) undergo medical or psychiatric treatment; or |
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1 | | treatment for drug
addiction or alcoholism;
|
2 | | (5) attend or reside in a facility established for the |
3 | | instruction or
residence of defendants on probation;
|
4 | | (6) support his dependents;
|
5 | | (7) refrain from possessing a firearm or other |
6 | | dangerous weapon;
|
7 | | (7-5) refrain from having in his or her body the |
8 | | presence of any illicit
drug prohibited by the Cannabis |
9 | | Control Act, the Illinois Controlled
Substances Act, or |
10 | | the Methamphetamine Control and Community Protection Act, |
11 | | unless prescribed by a physician, and submit samples of
|
12 | | his or her blood or urine or both for tests to determine |
13 | | the presence of any
illicit drug;
|
14 | | (8) and in addition, if a minor:
|
15 | | (i) reside with his parents or in a foster home;
|
16 | | (ii) attend school;
|
17 | | (iii) attend a non-residential program for youth;
|
18 | | (iv) provide nonfinancial contributions contribute |
19 | | to his own support at home or in a foster home.
|
20 | | (e) Upon violation of a term or condition of probation, |
21 | | the
court
may enter a judgment on its original finding of guilt |
22 | | and proceed as otherwise
provided.
|
23 | | (f) Upon fulfillment of the terms and
conditions of |
24 | | probation, the court shall discharge such person and dismiss
|
25 | | the proceedings against him.
|
26 | | (g) A disposition of probation is considered to be a |
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1 | | conviction
for the purposes of imposing the conditions of |
2 | | probation and for appeal,
however, discharge and dismissal |
3 | | under this Section is not a conviction for
purposes of |
4 | | disqualification or disabilities imposed by law upon |
5 | | conviction of
a crime (including the additional penalty |
6 | | imposed for subsequent offenses under
Section 4(c), 4(d), 5(c) |
7 | | or 5(d) of this Act).
|
8 | | (h) A person may not have more than one discharge and |
9 | | dismissal under this Section within a 4-year period.
|
10 | | (i) If a person is convicted of an offense under this Act, |
11 | | the Illinois
Controlled Substances Act, or the Methamphetamine |
12 | | Control and Community Protection Act within 5 years
subsequent |
13 | | to a discharge and dismissal under this Section, the discharge |
14 | | and
dismissal under this Section shall be admissible in the |
15 | | sentencing proceeding
for that conviction
as a factor in |
16 | | aggravation.
|
17 | | (j) Notwithstanding subsection (a), before a person is |
18 | | sentenced to probation under this Section, the court may refer |
19 | | the person to the drug court established in that judicial |
20 | | circuit pursuant to Section 15 of the Drug Court Treatment |
21 | | Act. The drug court team shall evaluate the person's |
22 | | likelihood of successfully completing a sentence of probation |
23 | | under this Section and shall report the results of its |
24 | | evaluation to the court. If the drug court team finds that the |
25 | | person suffers from a substance abuse problem that makes him |
26 | | or her substantially unlikely to successfully complete a |
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1 | | sentence of probation under this Section, then the drug court |
2 | | shall set forth its findings in the form of a written order, |
3 | | and the person shall not be sentenced to probation under this |
4 | | Section, but shall be considered for the drug court program. |
5 | | (k) The court shall not order fees, fines, costs or any |
6 | | other assessments authorized under this Section against a |
7 | | minor subject to Article III, IV, or V of the Juvenile Court |
8 | | Act of 1987, or a minor under the age of 18 transferred to |
9 | | adult court or excluded from juvenile court jurisdiction under |
10 | | Article V of the Juvenile Court Act of 1987, or the minor's |
11 | | parent, guardian, or legal custodian. |
12 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; |
13 | | 100-575, eff. 1-8-18.)
|
14 | | Section 40. The Unified Code of Corrections is amended by |
15 | | changing Sections 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, |
16 | | 5-8A-6, 5-9-1.4, and 5-9-1.9 as follows: |
17 | | (730 ILCS 5/5-4.5-105) |
18 | | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF |
19 | | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. |
20 | | (a) On or after the effective date of this amendatory Act |
21 | | of the 99th General Assembly, when a person commits an offense |
22 | | and the person is under 18 years of age at the time of the |
23 | | commission of the offense, the court, at the sentencing |
24 | | hearing conducted under Section 5-4-1, shall consider the |
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1 | | following additional factors in mitigation in determining the |
2 | | appropriate sentence: |
3 | | (1) the person's age, impetuosity, and level of |
4 | | maturity at the time of the offense, including the ability |
5 | | to consider risks and consequences of behavior, and the |
6 | | presence of cognitive or developmental disability, or |
7 | | both, if any; |
8 | | (2) whether the person was subjected to outside |
9 | | pressure, including peer pressure, familial pressure, or |
10 | | negative influences; |
11 | | (3) the person's family, home environment, educational |
12 | | and social background, including any history of parental |
13 | | neglect, physical abuse, or other childhood trauma; |
14 | | (4) the person's potential for rehabilitation or |
15 | | evidence of rehabilitation, or both; |
16 | | (5) the circumstances of the offense; |
17 | | (6) the person's degree of participation and specific |
18 | | role in the offense, including the level of planning by |
19 | | the defendant before the offense; |
20 | | (7) whether the person was able to meaningfully |
21 | | participate in his or her defense; |
22 | | (8) the person's prior juvenile or criminal history; |
23 | | and |
24 | | (9) any other information the court finds relevant and |
25 | | reliable, including an expression of remorse, if |
26 | | appropriate. However, if the person, on advice of counsel |
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1 | | chooses not to make a statement, the court shall not |
2 | | consider a lack of an expression of remorse as an |
3 | | aggravating factor. |
4 | | (b) Except as provided in subsections subsection (c) and |
5 | | (d) , the court may sentence the defendant to any disposition |
6 | | authorized for the class of the offense of which he or she was |
7 | | found guilty as described in Article 4.5 of this Code, and may, |
8 | | in its discretion, decline to impose any otherwise applicable |
9 | | sentencing enhancement based upon firearm possession, |
10 | | possession with personal discharge, or possession with |
11 | | personal discharge that proximately causes great bodily harm, |
12 | | permanent disability, permanent disfigurement, or death to |
13 | | another person. |
14 | | (c) Notwithstanding any other provision of law, if the |
15 | | defendant is convicted of first degree murder and would |
16 | | otherwise be subject to sentencing under clause (iii), (iv), |
17 | | (v), or (vii) of subparagraph (c) of paragraph (1) of |
18 | | subsection (a) of Section 5-8-1 of this Code based on the |
19 | | category of persons identified therein, the court shall impose |
20 | | a sentence of not less than 40 years of imprisonment. In |
21 | | addition, the court may, in its discretion, decline to impose |
22 | | the sentencing enhancements based upon the possession or use |
23 | | of a firearm during the commission of the offense included in |
24 | | subsection (d) of Section 5-8-1.
|
25 | | (d) The court shall not order any fees, fines, or |
26 | | administrative costs against a minor subject to this Code or |
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1 | | against the minor's parent, guardian, or legal custodian. For |
2 | | purposes of this amendatory Act of the 103rd General Assembly, |
3 | | "minor" has the meaning provided in Section 1-3 of the |
4 | | Juvenile Court Act of 1987 and includes any minor under the age |
5 | | of 18 transferred to adult court or excluded from juvenile |
6 | | court jurisdiction under Article V of the Juvenile Court Act |
7 | | of 1987. |
8 | | (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, |
9 | | eff. 1-1-17 .)
|
10 | | (730 ILCS 5/5-5-10)
|
11 | | Sec. 5-5-10. Community service fee. When an offender or
|
12 | | defendant is ordered by the court to perform community service |
13 | | and the
offender is not otherwise assessed a fee for probation |
14 | | services, the court
shall impose a fee of $50
for each month |
15 | | the community service ordered
by the court is
supervised by a |
16 | | probation and court services department, unless after
|
17 | | determining the inability of the person sentenced to community |
18 | | service
to pay the fee, the court assesses a lesser fee. The |
19 | | court shall may not impose
a fee on a minor who is placed in |
20 | | the guardianship or custody of the Department of Children and |
21 | | Family Services under the Juvenile
Court Act of 1987 while the |
22 | | minor is in placement . The court shall not impose a fee on a |
23 | | minor subject to Article V of the Juvenile Court Act of 1987 or |
24 | | the minor's parent, guardian, or legal custodian. Except for |
25 | | minors under the age of 18 transferred to adult court or |
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1 | | excluded from juvenile court jurisdiction under Article V of |
2 | | the Juvenile Court Act of 1987, the The fee shall be
imposed |
3 | | only on an offender who is actively supervised by the |
4 | | probation and
court services department. The fee shall be |
5 | | collected by the clerk of the
circuit court. The clerk of the |
6 | | circuit court shall pay all monies
collected from this fee to |
7 | | the county treasurer for deposit in the
probation and court |
8 | | services fund under Section 15.1 of the Probation
and |
9 | | Probation Officers Act.
|
10 | | A circuit court shall may not impose a probation fee on a |
11 | | minor subject to the Juvenile Court Act of 1987, or on a minor |
12 | | under the age of 18 transferred to adult court or excluded from |
13 | | juvenile court jurisdiction under Article V of the Juvenile |
14 | | Court Act of 1987, or the minor's parent, guardian, or legal |
15 | | custodian. In all other instances, a circuit court may not |
16 | | impose a probation fee in excess of
$25 per month unless: (1) |
17 | | the circuit court has adopted, by
administrative order issued |
18 | | by the chief judge, a standard probation fee
guide determining |
19 | | an offender's ability to pay,
under guidelines developed by |
20 | | the Administrative
Office of the Illinois Courts; and (2) the |
21 | | circuit court has authorized, by
administrative order issued |
22 | | by the chief judge, the creation of a Crime
Victim's Services |
23 | | Fund, to be administered by the Chief Judge or his or
her |
24 | | designee, for services to crime victims and their families. Of |
25 | | the
amount collected as a probation fee, not to exceed $5 of |
26 | | that fee
collected per month may be used to provide services to |
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1 | | crime victims
and their families.
|
2 | | (Source: P.A. 100-159, eff. 8-18-17.)
|
3 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
4 | | Sec. 5-6-3. Conditions of probation and of conditional |
5 | | discharge.
|
6 | | (a) The conditions of probation and of conditional |
7 | | discharge shall be
that the person:
|
8 | | (1) not violate any criminal statute of any |
9 | | jurisdiction;
|
10 | | (2) report to or appear in person before such person |
11 | | or agency as
directed by the court;
|
12 | | (3) refrain from possessing a firearm or other |
13 | | dangerous weapon where the offense is a felony or, if a |
14 | | misdemeanor, the offense involved the intentional or |
15 | | knowing infliction of bodily harm or threat of bodily |
16 | | harm;
|
17 | | (4) not leave the State without the consent of the |
18 | | court or, in
circumstances in which the reason for the |
19 | | absence is of such an emergency
nature that prior consent |
20 | | by the court is not possible, without the prior
|
21 | | notification and approval of the person's probation
|
22 | | officer. Transfer of a person's probation or conditional |
23 | | discharge
supervision to another state is subject to |
24 | | acceptance by the other state
pursuant to the Interstate |
25 | | Compact for Adult Offender Supervision;
|
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1 | | (5) permit the probation officer to visit
him at his |
2 | | home or elsewhere
to the extent necessary to discharge his |
3 | | duties;
|
4 | | (6) perform no less than 30 hours of community service |
5 | | and not more than
120 hours of community service, if |
6 | | community service is available in the
jurisdiction and is |
7 | | funded and approved by the county board where the offense
|
8 | | was committed, where the offense was related to or in |
9 | | furtherance of the
criminal activities of an organized |
10 | | gang and was motivated by the offender's
membership in or |
11 | | allegiance to an organized gang. The community service |
12 | | shall
include, but not be limited to, the cleanup and |
13 | | repair of any damage caused by
a violation of Section |
14 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
15 | | 2012 and similar damage
to property located within the |
16 | | municipality or county in which the violation
occurred. |
17 | | When possible and reasonable, the community service should |
18 | | be
performed in the offender's neighborhood. For purposes |
19 | | of this Section,
"organized gang" has the meaning ascribed |
20 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
21 | | Omnibus Prevention Act. The court may give credit toward |
22 | | the fulfillment of community service hours for |
23 | | participation in activities and treatment as determined by |
24 | | court services . Community service shall not interfere with |
25 | | the school hours, school-related activities, or work |
26 | | commitments of the minor or the minor's parent, guardian, |
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1 | | or legal custodian ;
|
2 | | (7) if he or she is at least 17 years of age and has |
3 | | been sentenced to
probation or conditional discharge for a |
4 | | misdemeanor or felony in a county of
3,000,000 or more |
5 | | inhabitants and has not been previously convicted of a
|
6 | | misdemeanor or felony, may be required by the sentencing |
7 | | court to attend
educational courses designed to prepare |
8 | | the defendant for a high school diploma
and to work toward |
9 | | a high school diploma or to work toward passing high |
10 | | school equivalency testing or to work toward
completing a |
11 | | vocational training program approved by the court. The |
12 | | person on
probation or conditional discharge must attend a |
13 | | public institution of
education to obtain the educational |
14 | | or vocational training required by this paragraph
(7). The |
15 | | court shall revoke the probation or conditional discharge |
16 | | of a
person who willfully fails to comply with this |
17 | | paragraph (7). The person on
probation or conditional |
18 | | discharge shall be required to pay for the cost of the
|
19 | | educational courses or high school equivalency testing if |
20 | | a fee is charged for those courses or testing. The court |
21 | | shall resentence the offender whose probation or |
22 | | conditional
discharge has been revoked as provided in |
23 | | Section 5-6-4. This paragraph (7) does
not apply to a |
24 | | person who has a high school diploma or has successfully |
25 | | passed high school equivalency testing. This paragraph (7) |
26 | | does not apply to a person who is determined by
the court |
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1 | | to be a person with a developmental disability or |
2 | | otherwise mentally incapable of
completing the educational |
3 | | or vocational program;
|
4 | | (8) if convicted of possession of a substance |
5 | | prohibited
by the Cannabis Control Act, the Illinois |
6 | | Controlled Substances Act, or the Methamphetamine Control |
7 | | and Community Protection Act
after a previous conviction |
8 | | or disposition of supervision for possession of a
|
9 | | substance prohibited by the Cannabis Control Act or |
10 | | Illinois Controlled
Substances Act or after a sentence of |
11 | | probation under Section 10 of the
Cannabis
Control Act, |
12 | | Section 410 of the Illinois Controlled Substances Act, or |
13 | | Section 70 of the Methamphetamine Control and Community |
14 | | Protection Act and upon a
finding by the court that the |
15 | | person is addicted, undergo treatment at a
substance abuse |
16 | | program approved by the court;
|
17 | | (8.5) if convicted of a felony sex offense as defined |
18 | | in the Sex
Offender
Management Board Act, the person shall |
19 | | undergo and successfully complete sex
offender treatment |
20 | | by a treatment provider approved by the Board and |
21 | | conducted
in conformance with the standards developed |
22 | | under the Sex
Offender Management Board Act;
|
23 | | (8.6) if convicted of a sex offense as defined in the |
24 | | Sex Offender Management Board Act, refrain from residing |
25 | | at the same address or in the same condominium unit or |
26 | | apartment unit or in the same condominium complex or |
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1 | | apartment complex with another person he or she knows or |
2 | | reasonably should know is a convicted sex offender or has |
3 | | been placed on supervision for a sex offense; the |
4 | | provisions of this paragraph do not apply to a person |
5 | | convicted of a sex offense who is placed in a Department of |
6 | | Corrections licensed transitional housing facility for sex |
7 | | offenders; |
8 | | (8.7) if convicted for an offense committed on or |
9 | | after June 1, 2008 (the effective date of Public Act |
10 | | 95-464) that would qualify the accused as a child sex |
11 | | offender as defined in Section 11-9.3 or 11-9.4 of the |
12 | | Criminal Code of 1961 or the Criminal Code of 2012, |
13 | | refrain from communicating with or contacting, by means of |
14 | | the Internet, a person who is not related to the accused |
15 | | and whom the accused reasonably believes to be under 18 |
16 | | years of age; for purposes of this paragraph (8.7), |
17 | | "Internet" has the meaning ascribed to it in Section |
18 | | 16-0.1 of the Criminal Code of 2012; and a person is not |
19 | | related to the accused if the person is not: (i) the |
20 | | spouse, brother, or sister of the accused; (ii) a |
21 | | descendant of the accused; (iii) a first or second cousin |
22 | | of the accused; or (iv) a step-child or adopted child of |
23 | | the accused; |
24 | | (8.8) if convicted for an offense under Section 11-6, |
25 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
26 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
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1 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
2 | | or any attempt to commit any of these offenses, committed |
3 | | on or after June 1, 2009 (the effective date of Public Act |
4 | | 95-983): |
5 | | (i) not access or use a computer or any other |
6 | | device with Internet capability without the prior |
7 | | written approval of the offender's probation officer, |
8 | | except in connection with the offender's employment or |
9 | | search for employment with the prior approval of the |
10 | | offender's probation officer; |
11 | | (ii) submit to periodic unannounced examinations |
12 | | of the offender's computer or any other device with |
13 | | Internet capability by the offender's probation |
14 | | officer, a law enforcement officer, or assigned |
15 | | computer or information technology specialist, |
16 | | including the retrieval and copying of all data from |
17 | | the computer or device and any internal or external |
18 | | peripherals and removal of such information, |
19 | | equipment, or device to conduct a more thorough |
20 | | inspection; |
21 | | (iii) submit to the installation on the offender's |
22 | | computer or device with Internet capability, at the |
23 | | offender's expense, of one or more hardware or |
24 | | software systems to monitor the Internet use; and |
25 | | (iv) submit to any other appropriate restrictions |
26 | | concerning the offender's use of or access to a |
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1 | | computer or any other device with Internet capability |
2 | | imposed by the offender's probation officer; |
3 | | (8.9) if convicted of a sex offense as defined in the |
4 | | Sex Offender
Registration Act committed on or after |
5 | | January 1, 2010 (the effective date of Public Act 96-262), |
6 | | refrain from accessing or using a social networking |
7 | | website as defined in Section 17-0.5 of the Criminal Code |
8 | | of 2012;
|
9 | | (9) if convicted of a felony or of any misdemeanor |
10 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
11 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
12 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
13 | | the Code of Criminal Procedure of 1963, to trigger the |
14 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
15 | | at a time and place
designated by the court, his or her |
16 | | Firearm
Owner's Identification Card and
any and all |
17 | | firearms in
his or her possession. The Court shall return |
18 | | to the Illinois State Police Firearm Owner's |
19 | | Identification Card Office the person's Firearm Owner's |
20 | | Identification Card;
|
21 | | (10) if convicted of a sex offense as defined in |
22 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
23 | | offender is a parent or guardian of the person under 18 |
24 | | years of age present in the home and no non-familial |
25 | | minors are present, not participate in a holiday event |
26 | | involving children under 18 years of age, such as |
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1 | | distributing candy or other items to children on |
2 | | Halloween, wearing a Santa Claus costume on or preceding |
3 | | Christmas, being employed as a department store Santa |
4 | | Claus, or wearing an Easter Bunny costume on or preceding |
5 | | Easter; |
6 | | (11) if convicted of a sex offense as defined in |
7 | | Section 2 of the Sex Offender Registration Act committed |
8 | | on or after January 1, 2010 (the effective date of Public |
9 | | Act 96-362) that requires the person to register as a sex |
10 | | offender under that Act, may not knowingly use any |
11 | | computer scrub software on any computer that the sex |
12 | | offender uses; |
13 | | (12) if convicted of a violation of the |
14 | | Methamphetamine Control and Community Protection Act, the |
15 | | Methamphetamine
Precursor Control Act, or a |
16 | | methamphetamine related offense: |
17 | | (A) prohibited from purchasing, possessing, or |
18 | | having under his or her control any product containing |
19 | | pseudoephedrine unless prescribed by a physician; and |
20 | | (B) prohibited from purchasing, possessing, or |
21 | | having under his or her control any product containing |
22 | | ammonium nitrate; and |
23 | | (13) if convicted of a hate crime involving the |
24 | | protected class identified in subsection (a) of Section |
25 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
26 | | offense the offender committed, perform public or |
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1 | | community service of no less than 200 hours and enroll in |
2 | | an educational program discouraging hate crimes that |
3 | | includes racial, ethnic, and cultural sensitivity training |
4 | | ordered by the court. |
5 | | (b) The Court may in addition to other reasonable |
6 | | conditions relating to the
nature of the offense or the |
7 | | rehabilitation of the defendant as determined for
each |
8 | | defendant in the proper discretion of the Court require that |
9 | | the person:
|
10 | | (1) serve a term of periodic imprisonment under |
11 | | Article 7 for a
period not to exceed that specified in |
12 | | paragraph (d) of Section 5-7-1;
|
13 | | (2) pay a fine and costs;
|
14 | | (3) work or pursue a course of study or vocational |
15 | | training;
|
16 | | (4) undergo medical, psychological or psychiatric |
17 | | treatment; or treatment
for drug addiction or alcoholism;
|
18 | | (5) attend or reside in a facility established for the |
19 | | instruction
or residence of defendants on probation;
|
20 | | (6) support his dependents;
|
21 | | (7) and in addition, if a minor:
|
22 | | (i) reside with his parents or in a foster home;
|
23 | | (ii) attend school;
|
24 | | (iii) attend a non-residential program for youth;
|
25 | | (iv) provide nonfinancial contributions contribute |
26 | | to his own support at home or in a foster home;
|
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1 | | (v) with the consent of the superintendent of the
|
2 | | facility, attend an educational program at a facility |
3 | | other than the school
in which the
offense was |
4 | | committed if he
or she is convicted of a crime of |
5 | | violence as
defined in
Section 2 of the Crime Victims |
6 | | Compensation Act committed in a school, on the
real
|
7 | | property
comprising a school, or within 1,000 feet of |
8 | | the real property comprising a
school;
|
9 | | (8) make restitution as provided in Section 5-5-6 of |
10 | | this Code;
|
11 | | (9) perform some reasonable public or community |
12 | | service;
|
13 | | (10) serve a term of home confinement. In addition to |
14 | | any other
applicable condition of probation or conditional |
15 | | discharge, the
conditions of home confinement shall be |
16 | | that the offender:
|
17 | | (i) remain within the interior premises of the |
18 | | place designated for
his confinement during the hours |
19 | | designated by the court;
|
20 | | (ii) admit any person or agent designated by the |
21 | | court into the
offender's place of confinement at any |
22 | | time for purposes of verifying
the offender's |
23 | | compliance with the conditions of his confinement; and
|
24 | | (iii) if further deemed necessary by the court or |
25 | | the
Probation or
Court Services Department, be placed |
26 | | on an approved
electronic monitoring device, subject |
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1 | | to Article 8A of Chapter V;
|
2 | | (iv) for persons convicted of any alcohol, |
3 | | cannabis or controlled
substance violation who are |
4 | | placed on an approved monitoring device as a
condition |
5 | | of probation or conditional discharge, the court shall |
6 | | impose a
reasonable fee for each day of the use of the |
7 | | device, as established by the
county board in |
8 | | subsection (g) of this Section, unless after |
9 | | determining the
inability of the offender to pay the |
10 | | fee, the court assesses a lesser fee or no
fee as the |
11 | | case may be. This fee shall be imposed in addition to |
12 | | the fees
imposed under subsections (g) and (i) of this |
13 | | Section. The fee shall be
collected by the clerk of the |
14 | | circuit court, except as provided in an administrative |
15 | | order of the Chief Judge of the circuit court. The |
16 | | clerk of the circuit
court shall pay all monies |
17 | | collected from this fee to the county treasurer
for |
18 | | deposit in the substance abuse services fund under |
19 | | Section 5-1086.1 of
the Counties Code, except as |
20 | | provided in an administrative order of the Chief Judge |
21 | | of the circuit court. |
22 | | The Chief Judge of the circuit court of the county |
23 | | may by administrative order establish a program for |
24 | | electronic monitoring of offenders, in which a vendor |
25 | | supplies and monitors the operation of the electronic |
26 | | monitoring device, and collects the fees on behalf of |
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1 | | the county. The program shall include provisions for |
2 | | indigent offenders and the collection of unpaid fees. |
3 | | The program shall not unduly burden the offender and |
4 | | shall be subject to review by the Chief Judge. |
5 | | The Chief Judge of the circuit court may suspend |
6 | | any additional charges or fees for late payment, |
7 | | interest, or damage to any device; and
|
8 | | (v) for persons convicted of offenses other than |
9 | | those referenced in
clause (iv) above and who are |
10 | | placed on an approved monitoring device as a
condition |
11 | | of probation or conditional discharge, the court shall |
12 | | impose
a reasonable fee for each day of the use of the |
13 | | device, as established by the
county board in |
14 | | subsection (g) of this Section, unless after |
15 | | determining the
inability of the defendant to pay the |
16 | | fee, the court assesses a lesser fee or
no fee as the |
17 | | case may be. This fee shall be imposed in addition to |
18 | | the fees
imposed under subsections (g) and (i) of this |
19 | | Section. The fee
shall be collected by the clerk of the |
20 | | circuit court, except as provided in an administrative |
21 | | order of the Chief Judge of the circuit court. The |
22 | | clerk of the circuit
court shall pay all monies |
23 | | collected from this fee
to the county treasurer who |
24 | | shall use the monies collected to defray the
costs of |
25 | | corrections. The county treasurer shall deposit the |
26 | | fee
collected in the probation and court services |
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1 | | fund.
The Chief Judge of the circuit court of the |
2 | | county may by administrative order establish a program |
3 | | for electronic monitoring of offenders, in which a |
4 | | vendor supplies and monitors the operation of the |
5 | | electronic monitoring device, and collects the fees on |
6 | | behalf of the county. The program shall include |
7 | | provisions for indigent offenders and the collection |
8 | | of unpaid fees. The program shall not unduly burden |
9 | | the offender and shall be subject to review by the |
10 | | Chief Judge.
|
11 | | The Chief Judge of the circuit court may suspend |
12 | | any additional charges or fees for late payment, |
13 | | interest, or damage to any device. |
14 | | (11) comply with the terms and conditions of an order |
15 | | of protection issued
by the court pursuant to the Illinois |
16 | | Domestic Violence Act of 1986,
as now or hereafter |
17 | | amended, or an order of protection issued by the court of
|
18 | | another state, tribe, or United States territory. A copy |
19 | | of the order of
protection shall be
transmitted to the |
20 | | probation officer or agency
having responsibility for the |
21 | | case;
|
22 | | (12) reimburse any "local anti-crime program" as |
23 | | defined in Section 7
of the Anti-Crime Advisory Council |
24 | | Act for any reasonable expenses incurred
by the program on |
25 | | the offender's case, not to exceed the maximum amount of
|
26 | | the fine authorized for the offense for which the |
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1 | | defendant was sentenced;
|
2 | | (13) contribute a reasonable sum of money, not to |
3 | | exceed the maximum
amount of the fine authorized for the
|
4 | | offense for which the defendant was sentenced, (i) to a |
5 | | "local anti-crime
program", as defined in Section 7 of the |
6 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
7 | | under the jurisdiction of the Department of Natural |
8 | | Resources, to the fund established by the Department of |
9 | | Natural Resources for the purchase of evidence for |
10 | | investigation purposes and to conduct investigations as |
11 | | outlined in Section 805-105 of the Department of Natural |
12 | | Resources (Conservation) Law;
|
13 | | (14) refrain from entering into a designated |
14 | | geographic area except upon
such terms as the court finds |
15 | | appropriate. Such terms may include
consideration of the |
16 | | purpose of the entry, the time of day, other persons
|
17 | | accompanying the defendant, and advance approval by a
|
18 | | probation officer, if
the defendant has been placed on |
19 | | probation or advance approval by the
court, if the |
20 | | defendant was placed on conditional discharge;
|
21 | | (15) refrain from having any contact, directly or |
22 | | indirectly, with
certain specified persons or particular |
23 | | types of persons, including but not
limited to members of |
24 | | street gangs and drug users or dealers;
|
25 | | (16) refrain from having in his or her body the |
26 | | presence of any illicit
drug prohibited by the Cannabis |
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1 | | Control Act, the Illinois Controlled
Substances Act, or |
2 | | the Methamphetamine Control and Community Protection Act, |
3 | | unless prescribed by a physician, and submit samples of
|
4 | | his or her blood or urine or both for tests to determine |
5 | | the presence of any
illicit drug;
|
6 | | (17) if convicted for an offense committed on or after |
7 | | June 1, 2008 (the effective date of Public Act 95-464) |
8 | | that would qualify the accused as a child sex offender as |
9 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
10 | | of 1961 or the Criminal Code of 2012, refrain from |
11 | | communicating with or contacting, by means of the |
12 | | Internet, a person who is related to the accused and whom |
13 | | the accused reasonably believes to be under 18 years of |
14 | | age; for purposes of this paragraph (17), "Internet" has |
15 | | the meaning ascribed to it in Section 16-0.1 of the |
16 | | Criminal Code of 2012; and a person is related to the |
17 | | accused if the person is: (i) the spouse, brother, or |
18 | | sister of the accused; (ii) a descendant of the accused; |
19 | | (iii) a first or second cousin of the accused; or (iv) a |
20 | | step-child or adopted child of the accused; |
21 | | (18) if convicted for an offense committed on or after |
22 | | June 1, 2009 (the effective date of Public Act 95-983) |
23 | | that would qualify as a sex offense as defined in the Sex |
24 | | Offender Registration Act: |
25 | | (i) not access or use a computer or any other |
26 | | device with Internet capability without the prior |
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1 | | written approval of the offender's probation officer, |
2 | | except in connection with the offender's employment or |
3 | | search for employment with the prior approval of the |
4 | | offender's probation officer; |
5 | | (ii) submit to periodic unannounced examinations |
6 | | of the offender's computer or any other device with |
7 | | Internet capability by the offender's probation |
8 | | officer, a law enforcement officer, or assigned |
9 | | computer or information technology specialist, |
10 | | including the retrieval and copying of all data from |
11 | | the computer or device and any internal or external |
12 | | peripherals and removal of such information, |
13 | | equipment, or device to conduct a more thorough |
14 | | inspection; |
15 | | (iii) submit to the installation on the offender's |
16 | | computer or device with Internet capability, at the |
17 | | subject's expense, of one or more hardware or software |
18 | | systems to monitor the Internet use; and |
19 | | (iv) submit to any other appropriate restrictions |
20 | | concerning the offender's use of or access to a |
21 | | computer or any other device with Internet capability |
22 | | imposed by the offender's probation officer; and |
23 | | (19) refrain from possessing a firearm or other |
24 | | dangerous weapon where the offense is a misdemeanor that |
25 | | did not involve the intentional or knowing infliction of |
26 | | bodily harm or threat of bodily harm. |
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1 | | (c) The court may as a condition of probation or of |
2 | | conditional
discharge require that a person under 18 years of |
3 | | age found guilty of any
alcohol, cannabis or controlled |
4 | | substance violation, refrain from acquiring
a driver's license |
5 | | during
the period of probation or conditional discharge. If |
6 | | such person
is in possession of a permit or license, the court |
7 | | may require that
the minor refrain from driving or operating |
8 | | any motor vehicle during the
period of probation or |
9 | | conditional discharge, except as may be necessary in
the |
10 | | course of the minor's lawful employment.
|
11 | | (d) An offender sentenced to probation or to conditional |
12 | | discharge
shall be given a certificate setting forth the |
13 | | conditions thereof.
|
14 | | (e) Except where the offender has committed a fourth or |
15 | | subsequent
violation of subsection (c) of Section 6-303 of the |
16 | | Illinois Vehicle Code,
the court shall not require as a |
17 | | condition of the sentence of
probation or conditional |
18 | | discharge that the offender be committed to a
period of |
19 | | imprisonment in excess of 6 months.
This 6-month limit shall |
20 | | not include periods of confinement given pursuant to
a |
21 | | sentence of county impact incarceration under Section 5-8-1.2.
|
22 | | Persons committed to imprisonment as a condition of |
23 | | probation or
conditional discharge shall not be committed to |
24 | | the Department of
Corrections.
|
25 | | (f) The court may combine a sentence of periodic |
26 | | imprisonment under
Article 7 or a sentence to a county impact |
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1 | | incarceration program under
Article 8 with a sentence of |
2 | | probation or conditional discharge.
|
3 | | (g) An offender sentenced to probation or to conditional |
4 | | discharge and
who during the term of either undergoes |
5 | | mandatory drug or alcohol testing,
or both, or is assigned to |
6 | | be placed on an approved electronic monitoring
device, shall |
7 | | be ordered to pay all costs incidental to such mandatory drug
|
8 | | or alcohol testing, or both, and all costs
incidental to such |
9 | | approved electronic monitoring in accordance with the
|
10 | | defendant's ability to pay those costs. The county board with
|
11 | | the concurrence of the Chief Judge of the judicial
circuit in |
12 | | which the county is located shall establish reasonable fees |
13 | | for
the cost of maintenance, testing, and incidental expenses |
14 | | related to the
mandatory drug or alcohol testing, or both, and |
15 | | all costs incidental to
approved electronic monitoring, |
16 | | involved in a successful probation program
for the county. The |
17 | | concurrence of the Chief Judge shall be in the form of
an |
18 | | administrative order.
The fees shall be collected by the clerk |
19 | | of the circuit court, except as provided in an administrative |
20 | | order of the Chief Judge of the circuit court. The clerk of
the |
21 | | circuit court shall pay all moneys collected from these fees |
22 | | to the county
treasurer who shall use the moneys collected to |
23 | | defray the costs of
drug testing, alcohol testing, and |
24 | | electronic monitoring.
The county treasurer shall deposit the |
25 | | fees collected in the
county working cash fund under Section |
26 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
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1 | | may be.
The Chief Judge of the circuit court of the county may |
2 | | by administrative order establish a program for electronic |
3 | | monitoring of offenders, in which a vendor supplies and |
4 | | monitors the operation of the electronic monitoring device, |
5 | | and collects the fees on behalf of the county. The program |
6 | | shall include provisions for indigent offenders and the |
7 | | collection of unpaid fees. The program shall not unduly burden |
8 | | the offender and shall be subject to review by the Chief Judge.
|
9 | | The Chief Judge of the circuit court may suspend any |
10 | | additional charges or fees for late payment, interest, or |
11 | | damage to any device. |
12 | | (h) Jurisdiction over an offender may be transferred from |
13 | | the
sentencing court to the court of another circuit with the |
14 | | concurrence of
both courts. Further transfers or retransfers |
15 | | of
jurisdiction are also
authorized in the same manner. The |
16 | | court to which jurisdiction has been
transferred shall have |
17 | | the same powers as the sentencing court.
The probation |
18 | | department within the circuit to which jurisdiction has been |
19 | | transferred, or which has agreed to provide supervision, may |
20 | | impose probation fees upon receiving the transferred offender, |
21 | | as provided in subsection (i). For all transfer cases, as |
22 | | defined in Section 9b of the Probation and Probation Officers |
23 | | Act, the probation department from the original sentencing |
24 | | court shall retain all probation fees collected prior to the |
25 | | transfer. After the transfer,
all probation fees shall be paid |
26 | | to the probation department within the
circuit to which |
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1 | | jurisdiction has been transferred.
|
2 | | (i) The court shall impose upon an offender
sentenced to |
3 | | probation after January 1, 1989 or to conditional discharge
|
4 | | after January 1, 1992 or to community service under the |
5 | | supervision of a
probation or court services department after |
6 | | January 1, 2004, as a condition of such probation or |
7 | | conditional
discharge or supervised community service, a fee |
8 | | of $50
for each month of probation or
conditional
discharge |
9 | | supervision or supervised community service ordered by the |
10 | | court, unless after
determining the inability of the person |
11 | | sentenced to probation or conditional
discharge or supervised |
12 | | community service to pay the
fee, the court assesses a lesser |
13 | | fee. The court may not impose the fee on a
minor who is placed |
14 | | in the guardianship or custody of the Department of Children |
15 | | and Family Services under the Juvenile Court Act of 1987
while |
16 | | the minor is in placement.
The fee shall be imposed only upon
|
17 | | an offender who is actively supervised by the
probation and |
18 | | court services
department. The fee shall be collected by the |
19 | | clerk
of the circuit court. The clerk of the circuit court |
20 | | shall pay all monies
collected from this fee to the county |
21 | | treasurer for deposit in the
probation and court services fund |
22 | | under Section 15.1 of the
Probation and Probation Officers |
23 | | Act.
|
24 | | A circuit court may not impose a probation fee under this |
25 | | subsection (i) in excess of $25
per month unless the circuit |
26 | | court has adopted, by administrative
order issued by the chief |
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1 | | judge, a standard probation fee guide
determining an |
2 | | offender's ability to pay. Of the
amount collected as a |
3 | | probation fee, up to $5 of that fee
collected per month may be |
4 | | used to provide services to crime victims
and their families. |
5 | | The Court may only waive probation fees based on an |
6 | | offender's ability to pay. The probation department may |
7 | | re-evaluate an offender's ability to pay every 6 months, and, |
8 | | with the approval of the Director of Court Services or the |
9 | | Chief Probation Officer, adjust the monthly fee amount. An |
10 | | offender may elect to pay probation fees due in a lump sum.
Any |
11 | | offender that has been assigned to the supervision of a |
12 | | probation department, or has been transferred either under |
13 | | subsection (h) of this Section or under any interstate |
14 | | compact, shall be required to pay probation fees to the |
15 | | department supervising the offender, based on the offender's |
16 | | ability to pay.
|
17 | | Public Act 93-970 deletes the $10 increase in the fee |
18 | | under this subsection that was imposed by Public Act 93-616. |
19 | | This deletion is intended to control over any other Act of the |
20 | | 93rd General Assembly that retains or incorporates that fee |
21 | | increase. |
22 | | (i-5) In addition to the fees imposed under subsection (i) |
23 | | of this Section, in the case of an offender convicted of a |
24 | | felony sex offense (as defined in the Sex Offender Management |
25 | | Board Act) or an offense that the court or probation |
26 | | department has determined to be sexually motivated (as defined |
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1 | | in the Sex Offender Management Board Act), the court or the |
2 | | probation department shall assess additional fees to pay for |
3 | | all costs of treatment, assessment, evaluation for risk and |
4 | | treatment, and monitoring the offender, based on that |
5 | | offender's ability to pay those costs either as they occur or |
6 | | under a payment plan. |
7 | | (j) All fines and costs imposed under this Section for any |
8 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
9 | | Code, or a similar
provision of a local ordinance, and any |
10 | | violation of the Child Passenger
Protection Act, or a similar |
11 | | provision of a local ordinance, shall be
collected and |
12 | | disbursed by the circuit clerk as provided under the Criminal |
13 | | and Traffic Assessment Act.
|
14 | | (k) Any offender who is sentenced to probation or |
15 | | conditional discharge for a felony sex offense as defined in |
16 | | the Sex Offender Management Board Act or any offense that the |
17 | | court or probation department has determined to be sexually |
18 | | motivated as defined in the Sex Offender Management Board Act |
19 | | shall be required to refrain from any contact, directly or |
20 | | indirectly, with any persons specified by the court and shall |
21 | | be available for all evaluations and treatment programs |
22 | | required by the court or the probation department.
|
23 | | (l) The court may order an offender who is sentenced to |
24 | | probation or conditional
discharge for a violation of an order |
25 | | of protection be placed under electronic surveillance as |
26 | | provided in Section 5-8A-7 of this Code. |
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1 | | (m) Except for restitution, the court shall not order any |
2 | | fees, fines, costs, or other applicable assessments authorized |
3 | | under this Section against a minor subject to Article III, IV, |
4 | | or V of the Juvenile Court Act of 1987, or a minor under the |
5 | | age of 18 transferred to adult court or excluded from juvenile |
6 | | court jurisdiction under Article V of the Juvenile Court Act |
7 | | of 1987, or the minor's parent, guardian, or legal custodian. |
8 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
|
9 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
10 | | Sec. 5-6-3.1. Incidents and conditions of supervision.
|
11 | | (a) When a defendant is placed on supervision, the court |
12 | | shall enter
an order for supervision specifying the period of |
13 | | such supervision, and
shall defer further proceedings in the |
14 | | case until the conclusion of the
period.
|
15 | | (b) The period of supervision shall be reasonable under |
16 | | all of the
circumstances of the case, but may not be longer |
17 | | than 2 years, unless the
defendant has failed to pay the |
18 | | assessment required by Section 10.3 of the
Cannabis Control |
19 | | Act,
Section 411.2 of the Illinois Controlled
Substances Act, |
20 | | or Section 80 of the Methamphetamine Control and Community |
21 | | Protection Act, in which case the court may extend supervision |
22 | | beyond 2 years.
Additionally, the court shall order the |
23 | | defendant to perform no less than 30
hours of community |
24 | | service and not more than 120 hours of community service, if
|
25 | | community service is available in the
jurisdiction and is |
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1 | | funded and approved by the county board where the offense
was |
2 | | committed,
when the offense (1) was
related to or in |
3 | | furtherance of the criminal activities of an organized gang or
|
4 | | was motivated by the defendant's membership in or allegiance |
5 | | to an organized
gang; or (2) is a violation of any Section of |
6 | | Article 24 of the Criminal
Code of 1961 or the Criminal Code of |
7 | | 2012 where a disposition of supervision is not prohibited by |
8 | | Section
5-6-1 of this Code.
The
community service shall |
9 | | include, but not be limited to, the cleanup and repair
of any |
10 | | damage caused by violation of Section 21-1.3 of the Criminal |
11 | | Code of
1961 or the Criminal Code of 2012 and similar damages |
12 | | to property located within the municipality or county
in which |
13 | | the violation occurred. Where possible and reasonable, the |
14 | | community
service should be performed in the offender's |
15 | | neighborhood.
|
16 | | For the purposes of this
Section, "organized gang" has the |
17 | | meaning ascribed to it in Section 10 of the
Illinois |
18 | | Streetgang Terrorism Omnibus Prevention Act.
|
19 | | (c) The court may in addition to other reasonable |
20 | | conditions
relating to the nature of the offense or the |
21 | | rehabilitation of the
defendant as determined for each |
22 | | defendant in the proper discretion of
the court require that |
23 | | the person:
|
24 | | (1) make a report to and appear in person before or |
25 | | participate with
the court or such courts, person, or |
26 | | social service agency as directed
by the court in the |
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| | SB1463 | - 164 - | LRB103 25983 RLC 52337 b |
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1 | | order of supervision;
|
2 | | (2) pay a fine and costs;
|
3 | | (3) work or pursue a course of study or vocational |
4 | | training;
|
5 | | (4) undergo medical, psychological or psychiatric |
6 | | treatment; or
treatment for drug addiction or alcoholism;
|
7 | | (5) attend or reside in a facility established for the |
8 | | instruction
or residence of defendants on probation;
|
9 | | (6) support his dependents;
|
10 | | (7) refrain from possessing a firearm or other |
11 | | dangerous weapon;
|
12 | | (8) and in addition, if a minor:
|
13 | | (i) reside with his parents or in a foster home;
|
14 | | (ii) attend school;
|
15 | | (iii) attend a non-residential program for youth;
|
16 | | (iv) provide nonfinancial contributions contribute |
17 | | to his own support at home or in a foster home; or
|
18 | | (v) with the consent of the superintendent of the
|
19 | | facility, attend an educational program at a facility |
20 | | other than the school
in which the
offense was |
21 | | committed if he
or she is placed on supervision for a |
22 | | crime of violence as
defined in
Section 2 of the Crime |
23 | | Victims Compensation Act committed in a school, on the
|
24 | | real
property
comprising a school, or within 1,000 |
25 | | feet of the real property comprising a
school;
|
26 | | (9) make restitution or reparation in an amount not to |
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1 | | exceed actual
loss or damage to property and pecuniary |
2 | | loss or make restitution under Section
5-5-6 to a domestic |
3 | | violence shelter. The court shall
determine the amount and |
4 | | conditions of payment;
|
5 | | (10) perform some reasonable public or community |
6 | | service;
|
7 | | (11) comply with the terms and conditions of an order |
8 | | of protection
issued by the court pursuant to the Illinois |
9 | | Domestic Violence Act of 1986 or
an order of protection |
10 | | issued by the court of another state, tribe, or United
|
11 | | States territory.
If the court has ordered the defendant |
12 | | to make a report and appear in
person under paragraph (1) |
13 | | of this subsection, a copy of the order of
protection |
14 | | shall be transmitted to the person or agency so designated
|
15 | | by the court;
|
16 | | (12) reimburse any "local anti-crime program" as |
17 | | defined in Section 7 of
the Anti-Crime Advisory Council |
18 | | Act for any reasonable expenses incurred by the
program on |
19 | | the offender's case, not to exceed the maximum amount of |
20 | | the
fine authorized for the offense for which the |
21 | | defendant was sentenced;
|
22 | | (13) contribute a reasonable sum of money, not to
|
23 | | exceed the maximum amount of the fine authorized for the |
24 | | offense for which
the defendant was sentenced, (i) to a |
25 | | "local anti-crime program", as defined
in Section 7 of the |
26 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
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1 | | under the jurisdiction of the Department of Natural |
2 | | Resources, to the fund established by the Department of |
3 | | Natural Resources for the purchase of evidence for |
4 | | investigation purposes and to conduct investigations as |
5 | | outlined in Section 805-105 of the Department of Natural |
6 | | Resources (Conservation) Law;
|
7 | | (14) refrain from entering into a designated |
8 | | geographic area except
upon such terms as the court finds |
9 | | appropriate. Such terms may include
consideration of the |
10 | | purpose of the entry, the time of day, other persons
|
11 | | accompanying the defendant, and advance approval by a |
12 | | probation officer;
|
13 | | (15) refrain from having any contact, directly or |
14 | | indirectly, with
certain specified persons or particular |
15 | | types of person, including but not
limited to members of |
16 | | street gangs and drug users or dealers;
|
17 | | (16) refrain from having in his or her body the |
18 | | presence of any illicit
drug prohibited by the Cannabis |
19 | | Control Act, the Illinois Controlled
Substances Act, or |
20 | | the Methamphetamine Control and Community Protection Act, |
21 | | unless prescribed by a physician, and submit samples of
|
22 | | his or her blood or urine or both for tests to determine |
23 | | the presence of any
illicit drug;
|
24 | | (17) refrain from operating any motor vehicle not |
25 | | equipped with an
ignition interlock device as defined in |
26 | | Section 1-129.1 of the Illinois
Vehicle Code; under this |
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1 | | condition the court may allow a defendant who is not
|
2 | | self-employed to operate a vehicle owned by the |
3 | | defendant's employer that is
not equipped with an ignition |
4 | | interlock device in the course and scope of the
|
5 | | defendant's employment; and
|
6 | | (18) if placed on supervision for a sex offense as |
7 | | defined in subsection (a-5) of Section 3-1-2 of this Code, |
8 | | unless the offender is a parent or guardian of the person |
9 | | under 18 years of age present in the home and no |
10 | | non-familial minors are present, not participate in a |
11 | | holiday event involving
children
under 18 years of age, |
12 | | such as distributing candy or other items to children on
|
13 | | Halloween,
wearing a Santa Claus costume on or preceding |
14 | | Christmas, being employed as a
department store Santa |
15 | | Claus, or wearing an Easter Bunny costume on or
preceding
|
16 | | Easter. |
17 | | (c-5) If payment of restitution as ordered has not been |
18 | | made, the victim shall file a
petition notifying the |
19 | | sentencing court, any other person to whom restitution is |
20 | | owed, and
the State's Attorney of the status of the ordered |
21 | | restitution payments unpaid at least 90
days before the |
22 | | supervision expiration date. If payment as ordered has not |
23 | | been made, the
court shall hold a review hearing prior to the |
24 | | expiration date, unless the hearing
is voluntarily waived by |
25 | | the defendant with the knowledge that waiver may result in an
|
26 | | extension of the supervision period or in a revocation of |
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1 | | supervision. If the court does not
extend supervision, it |
2 | | shall issue a judgment for the unpaid restitution and direct |
3 | | the clerk
of the circuit court to file and enter the judgment |
4 | | in the judgment and lien docket, without
fee, unless it finds |
5 | | that the victim has recovered a judgment against the
defendant |
6 | | for the amount covered by the restitution order. If the court |
7 | | issues a
judgment for the unpaid restitution, the court shall |
8 | | send to the defendant at his or her last known
address written |
9 | | notification that a civil judgment has been issued for the |
10 | | unpaid
restitution. |
11 | | (d) The court shall defer entering any judgment on the |
12 | | charges
until the conclusion of the supervision.
|
13 | | (e) At the conclusion of the period of supervision, if the |
14 | | court
determines that the defendant has successfully complied |
15 | | with all of the
conditions of supervision, the court shall |
16 | | discharge the defendant and
enter a judgment dismissing the |
17 | | charges.
|
18 | | (f) Discharge and dismissal upon a successful conclusion |
19 | | of a
disposition of supervision shall be deemed without |
20 | | adjudication of guilt
and shall not be termed a conviction for |
21 | | purposes of disqualification or
disabilities imposed by law |
22 | | upon conviction of a crime. Two years after the
discharge and |
23 | | dismissal under this Section, unless the disposition of
|
24 | | supervision was for a violation of Sections 3-707, 3-708, |
25 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
26 | | similar
provision of a local ordinance, or for a violation of |
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1 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 |
2 | | or the Criminal Code of 2012, in which case it shall be 5
years |
3 | | after discharge and dismissal, a person may have his record
of |
4 | | arrest sealed or expunged as may be provided by law. However, |
5 | | any
defendant placed on supervision before January 1, 1980, |
6 | | may move for
sealing or expungement of his arrest record, as |
7 | | provided by law, at any
time after discharge and dismissal |
8 | | under this Section.
A person placed on supervision for a |
9 | | sexual offense committed against a minor
as defined in clause |
10 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or |
11 | | for a violation of Section 11-501 of the Illinois Vehicle Code |
12 | | or a
similar provision of a local ordinance
shall not have his |
13 | | or her record of arrest sealed or expunged.
|
14 | | (g) A defendant placed on supervision and who during the |
15 | | period of
supervision undergoes mandatory drug or alcohol |
16 | | testing, or both, or is
assigned to be placed on an approved |
17 | | electronic monitoring device, shall be
ordered to pay the |
18 | | costs incidental to such mandatory drug or alcohol
testing, or |
19 | | both, and costs incidental to such approved electronic
|
20 | | monitoring in accordance with the defendant's ability to pay |
21 | | those costs.
The county board with the concurrence of the |
22 | | Chief Judge of the judicial
circuit in which the county is |
23 | | located shall establish reasonable fees for
the cost of |
24 | | maintenance, testing, and incidental expenses related to the
|
25 | | mandatory drug or alcohol testing, or both, and all costs |
26 | | incidental to
approved electronic monitoring, of all |
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1 | | defendants placed on supervision.
The concurrence of the Chief |
2 | | Judge shall be in the form of an
administrative order.
The fees |
3 | | shall be collected by the clerk of the circuit court, except as |
4 | | provided in an administrative order of the Chief Judge of the |
5 | | circuit court. The clerk of
the circuit court shall pay all |
6 | | moneys collected from these fees to the county
treasurer who |
7 | | shall use the moneys collected to defray the costs of
drug |
8 | | testing, alcohol testing, and electronic monitoring.
The |
9 | | county treasurer shall deposit the fees collected in the
|
10 | | county working cash fund under Section 6-27001 or Section |
11 | | 6-29002 of the
Counties Code, as the case may be.
|
12 | | The Chief Judge of the circuit court of the county may by |
13 | | administrative order establish a program for electronic |
14 | | monitoring of offenders, in which a vendor supplies and |
15 | | monitors the operation of the electronic monitoring device, |
16 | | and collects the fees on behalf of the county. The program |
17 | | shall include provisions for indigent offenders and the |
18 | | collection of unpaid fees. The program shall not unduly burden |
19 | | the offender and shall be subject to review by the Chief Judge. |
20 | | The Chief Judge of the circuit court may suspend any |
21 | | additional charges or fees for late payment, interest, or |
22 | | damage to any device. |
23 | | (h) A disposition of supervision is a final order for the |
24 | | purposes
of appeal.
|
25 | | (i) The court shall impose upon a defendant placed on |
26 | | supervision
after January 1, 1992 or to community service |
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1 | | under the supervision of a
probation or court services |
2 | | department after January 1, 2004, as a condition
of |
3 | | supervision or supervised community service, a fee of $50 for
|
4 | | each month of supervision or supervised community service |
5 | | ordered by the
court, unless after
determining the inability |
6 | | of the person placed on supervision or supervised
community |
7 | | service to pay the
fee, the court assesses a lesser fee. The |
8 | | court may not impose the fee on a
minor who is placed in the |
9 | | guardianship or custody of the Department of Children and |
10 | | Family Services under the Juvenile Court Act of 1987
while the |
11 | | minor is in placement.
The fee shall be imposed only upon a
|
12 | | defendant who is actively supervised by the
probation and |
13 | | court services
department. The fee shall be collected by the |
14 | | clerk of the circuit court.
The clerk of the circuit court |
15 | | shall pay all monies collected from this fee
to the county |
16 | | treasurer for deposit in the probation and court services
fund |
17 | | pursuant to Section 15.1 of the Probation and
Probation |
18 | | Officers Act.
|
19 | | A circuit court may not impose a probation fee in excess of |
20 | | $25
per month unless the circuit court has adopted, by |
21 | | administrative
order issued by the chief judge, a standard |
22 | | probation fee guide
determining an offender's ability to pay. |
23 | | Of the
amount collected as a probation fee, not to exceed $5 of |
24 | | that fee
collected per month may be used to provide services to |
25 | | crime victims
and their families. |
26 | | The Court may only waive probation fees based on an |
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1 | | offender's ability to pay. The probation department may |
2 | | re-evaluate an offender's ability to pay every 6 months, and, |
3 | | with the approval of the Director of Court Services or the |
4 | | Chief Probation Officer, adjust the monthly fee amount. An |
5 | | offender may elect to pay probation fees due in a lump sum.
Any |
6 | | offender that has been assigned to the supervision of a |
7 | | probation department, or has been transferred either under |
8 | | subsection (h) of this Section or under any interstate |
9 | | compact, shall be required to pay probation fees to the |
10 | | department supervising the offender, based on the offender's |
11 | | ability to pay.
|
12 | | (j) All fines and costs imposed under this Section for any
|
13 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
14 | | Code, or a
similar provision of a local ordinance, and any |
15 | | violation of the Child
Passenger Protection Act, or a similar |
16 | | provision of a local ordinance, shall
be collected and |
17 | | disbursed by the circuit clerk as provided under the Criminal |
18 | | and Traffic Assessment Act.
|
19 | | (k) A defendant at least 17 years of age who is placed on |
20 | | supervision
for a misdemeanor in a county of 3,000,000 or more |
21 | | inhabitants
and who has not been previously convicted of a |
22 | | misdemeanor or felony
may as a condition of his or her |
23 | | supervision be required by the court to
attend educational |
24 | | courses designed to prepare the defendant for a high school
|
25 | | diploma and to work toward a high school diploma or to work |
26 | | toward passing high school equivalency testing or to work
|
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1 | | toward completing a vocational training program approved by |
2 | | the court. The
defendant placed on supervision must attend a |
3 | | public institution of education
to obtain the educational or |
4 | | vocational training required by this subsection
(k). The |
5 | | defendant placed on supervision shall be required to pay for |
6 | | the cost
of the educational courses or high school equivalency |
7 | | testing if a fee is charged for those courses
or testing. The |
8 | | court shall revoke the supervision of a person who wilfully |
9 | | fails
to comply with this subsection (k). The court shall |
10 | | resentence the defendant
upon revocation of supervision as |
11 | | provided in Section 5-6-4. This subsection
(k) does not apply |
12 | | to a defendant who has a high school diploma or has
|
13 | | successfully passed high school equivalency testing. This |
14 | | subsection (k) does not apply to a
defendant who is determined |
15 | | by the court to be a person with a developmental disability or
|
16 | | otherwise mentally incapable of completing the
educational or |
17 | | vocational program.
|
18 | | (l) The court shall require a defendant placed on |
19 | | supervision for
possession of a substance
prohibited by the |
20 | | Cannabis Control Act, the Illinois Controlled Substances Act, |
21 | | or the Methamphetamine Control and Community Protection Act
|
22 | | after a previous conviction or disposition of supervision for |
23 | | possession of a
substance prohibited by the Cannabis Control |
24 | | Act, the Illinois Controlled
Substances Act, or the |
25 | | Methamphetamine Control and Community Protection Act or a |
26 | | sentence of probation under Section 10 of the Cannabis
Control |
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1 | | Act or Section 410 of the Illinois Controlled Substances Act
|
2 | | and after a finding by the court that the person is addicted, |
3 | | to undergo
treatment at a substance abuse program approved by |
4 | | the court.
|
5 | | (m) The Secretary of State shall require anyone placed on |
6 | | court supervision
for a
violation of Section 3-707 of the |
7 | | Illinois Vehicle Code or a similar provision
of a local |
8 | | ordinance
to give proof of his or her financial
responsibility |
9 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The |
10 | | proof shall be
maintained by the individual in a manner |
11 | | satisfactory to the Secretary of State
for
a
minimum period of |
12 | | 3 years after the date the proof is first filed.
The proof |
13 | | shall be limited to a single action per arrest and may not be
|
14 | | affected by any post-sentence disposition. The Secretary of |
15 | | State shall
suspend the driver's license of any person
|
16 | | determined by the Secretary to be in violation of this |
17 | | subsection. This subsection does not apply to a person who, at |
18 | | the time of the offense, was operating a motor vehicle |
19 | | registered in a state other than Illinois. |
20 | | (n) Any offender placed on supervision for any offense |
21 | | that the court or probation department has determined to be |
22 | | sexually motivated as defined in the Sex Offender Management |
23 | | Board Act shall be required to refrain from any contact, |
24 | | directly or indirectly, with any persons specified by the |
25 | | court and shall be available for all evaluations and treatment |
26 | | programs required by the court or the probation department.
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1 | | (o) An offender placed on supervision for a sex offense as |
2 | | defined in the Sex Offender
Management Board Act shall refrain |
3 | | from residing at the same address or in the same condominium |
4 | | unit or apartment unit or in the same condominium complex or |
5 | | apartment complex with another person he or she knows or |
6 | | reasonably should know is a convicted sex offender or has been |
7 | | placed on supervision for a sex offense. The provisions of |
8 | | this subsection (o) do not apply to a person convicted of a sex |
9 | | offense who is placed in a Department of Corrections licensed |
10 | | transitional housing facility for sex offenders. |
11 | | (p) An offender placed on supervision for an offense |
12 | | committed on or after June 1, 2008
(the effective date of |
13 | | Public Act 95-464)
that would qualify the accused as a child |
14 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
15 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
16 | | refrain from communicating with or contacting, by means of the |
17 | | Internet, a person who is not related to the accused and whom |
18 | | the accused reasonably believes to be under 18 years of age. |
19 | | For purposes of this subsection (p), "Internet" has the |
20 | | meaning ascribed to it in Section 16-0.1 of the Criminal Code |
21 | | of 2012; and a person is not related to the accused if the |
22 | | person is not: (i) the spouse, brother, or sister of the |
23 | | accused; (ii) a descendant of the accused; (iii) a first or |
24 | | second cousin of the accused; or (iv) a step-child or adopted |
25 | | child of the accused.
|
26 | | (q) An offender placed on supervision for an offense |
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1 | | committed on or after June 1, 2008
(the effective date of |
2 | | Public Act 95-464)
that would qualify the accused as a child |
3 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
4 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so |
5 | | ordered by the court, refrain from communicating with or |
6 | | contacting, by means of the Internet, a person who is related |
7 | | to the accused and whom the accused reasonably believes to be |
8 | | under 18 years of age. For purposes of this subsection (q), |
9 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of |
10 | | the Criminal Code of 2012; and a person is related to the |
11 | | accused if the person is: (i) the spouse, brother, or sister of |
12 | | the accused; (ii) a descendant of the accused; (iii) a first or |
13 | | second cousin of the accused; or (iv) a step-child or adopted |
14 | | child of the accused.
|
15 | | (r) An offender placed on supervision for an offense under |
16 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a |
17 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or |
18 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
19 | | 2012, or any attempt to commit any of these offenses, |
20 | | committed on or after June 1, 2009 (the effective date of |
21 | | Public Act 95-983) shall: |
22 | | (i) not access or use a computer or any other device |
23 | | with Internet capability without the prior written |
24 | | approval of the court, except in connection with the |
25 | | offender's employment or search for employment with the |
26 | | prior approval of the court; |
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1 | | (ii) submit to periodic unannounced examinations of |
2 | | the offender's computer or any other device with Internet |
3 | | capability by the offender's probation officer, a law |
4 | | enforcement officer, or assigned computer or information |
5 | | technology specialist, including the retrieval and copying |
6 | | of all data from the computer or device and any internal or |
7 | | external peripherals and removal of such information, |
8 | | equipment, or device to conduct a more thorough |
9 | | inspection; |
10 | | (iii) submit to the installation on the offender's |
11 | | computer or device with Internet capability, at the |
12 | | offender's expense, of one or more hardware or software |
13 | | systems to monitor the Internet use; and |
14 | | (iv) submit to any other appropriate restrictions |
15 | | concerning the offender's use of or access to a computer |
16 | | or any other device with Internet capability imposed by |
17 | | the court. |
18 | | (s) An offender placed on supervision for an offense that |
19 | | is a sex offense as defined in Section 2 of the Sex Offender |
20 | | Registration Act that is committed on or after January 1, 2010 |
21 | | (the effective date of Public Act 96-362) that requires the |
22 | | person to register as a sex offender under that Act, may not |
23 | | knowingly use any computer scrub software on any computer that |
24 | | the sex offender uses. |
25 | | (t) An offender placed on supervision for a sex offense as |
26 | | defined in the Sex Offender
Registration Act committed on or |
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1 | | after January 1, 2010 (the effective date of Public Act |
2 | | 96-262) shall refrain from accessing or using a social |
3 | | networking website as defined in Section 17-0.5 of the |
4 | | Criminal Code of 2012. |
5 | | (u) Jurisdiction over an offender may be transferred from |
6 | | the sentencing court to the court of another circuit with the |
7 | | concurrence of both courts. Further transfers or retransfers |
8 | | of jurisdiction are also authorized in the same manner. The |
9 | | court to which jurisdiction has been transferred shall have |
10 | | the same powers as the sentencing court. The probation |
11 | | department within the circuit to which jurisdiction has been |
12 | | transferred may impose probation fees upon receiving the |
13 | | transferred offender, as provided in subsection (i). The |
14 | | probation department from the original sentencing court shall |
15 | | retain all probation fees collected prior to the transfer. |
16 | | (v) Except for restitution, the court shall not order any |
17 | | fees, fines, costs, or other applicable assessments authorized |
18 | | under this Section against a minor subject to Article III, IV, |
19 | | or V of the Juvenile Court Act of 1987, or a minor under the |
20 | | age of 18 transferred to adult court or excluded from juvenile |
21 | | court jurisdiction under Article V of the Juvenile Court Act |
22 | | of 1987, or the minor's parent, guardian, or legal custodian. |
23 | | (Source: P.A. 102-299, eff. 8-6-21.)
|
24 | | (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
|
25 | | Sec. 5-7-6. Duty of Clerk of Court or the Department of |
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1 | | Corrections; collection and disposition of compensation.
|
2 | | (a) Every gainfully employed offender shall be responsible |
3 | | for managing his
or her earnings. The clerk of the circuit |
4 | | court shall have only those
responsibilities regarding an |
5 | | offender's earnings as are set forth in this
Section.
|
6 | | Every offender, including offenders who are sentenced to |
7 | | periodic
imprisonment for weekends only, gainfully employed
|
8 | | shall pay a fee for room and board at a rate established, with |
9 | | the
concurrence of the chief judge of the judicial circuit, by |
10 | | the county board of
the county in which the offender is |
11 | | incarcerated. The concurrence of the chief
judge shall be in |
12 | | the form of an administrative order. In establishing the fee
|
13 | | for room and board consideration may be given to all costs |
14 | | incidental to the
incarceration of offenders. If an offender |
15 | | is necessarily absent from the
institution at mealtime he or |
16 | | she shall, without additional charge, be
furnished with a meal |
17 | | to carry to work. Each week, on a day designated by the
clerk |
18 | | of the circuit court,
every offender shall pay the clerk the |
19 | | fees for the offender's room and board. Failure to pay the |
20 | | clerk
on the day designated shall result in the termination of |
21 | | the offender's
release.
All fees for room and board collected |
22 | | by the circuit court clerk shall be
disbursed into the |
23 | | county's General Corporate Fund.
|
24 | | By order of the court, all or a portion of the earnings of
|
25 | | employed offenders shall be turned over to the clerk to be |
26 | | distributed
for the following purposes, in the order stated:
|
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1 | | (1) the room and board of the offender;
|
2 | | (2) necessary travel expenses to and from work and |
3 | | other incidental
expenses of the offender, when those |
4 | | expenses are incurred by the
administrator of the |
5 | | offender's imprisonment;
|
6 | | (3) support of the offender's dependents, if any.
|
7 | | (b) If the offender has one or more dependents who are |
8 | | recipients of
financial assistance pursuant to the Illinois |
9 | | Public Aid Code, or who are
residents of a State hospital, |
10 | | State school or foster care facility
provided by the State, |
11 | | the court shall order the offender to turn over
all or a |
12 | | portion of his earnings to the clerk who shall, after making
|
13 | | the deductions provided for under paragraph
(a), distribute |
14 | | those earnings to the appropriate agency
as reimbursement for |
15 | | the cost of care of such dependents. The order shall
permit the |
16 | | Department of Human Services (acting as successor to the |
17 | | Illinois
Department of Public Aid under the Department of |
18 | | Human Services Act) or the
local governmental
unit, as the |
19 | | case may be, to request the clerk that subsequent payments be
|
20 | | made directly to the dependents, or to some agency or person in |
21 | | their
behalf, upon removal of the dependents from the public |
22 | | aid rolls; and upon
such direction and removal of the |
23 | | recipients from the public aid rolls, the
Department of Human |
24 | | Services or the local governmental unit, as the
case requires, |
25 | | shall give written notice of such action to the court. |
26 | | Payments
received by the Department of Human Services or by
|
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| | SB1463 | - 181 - | LRB103 25983 RLC 52337 b |
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1 | | governmental units in behalf of recipients of public aid shall |
2 | | be deposited
into the General Revenue Fund of the State |
3 | | Treasury or General Assistance
Fund of the governmental unit, |
4 | | under Section 10-19 of the Illinois Public
Aid Code.
|
5 | | (c) The clerk of the circuit court shall keep individual |
6 | | accounts of all
money collected by him as required by this |
7 | | Article. He shall deposit all
moneys as trustee in a |
8 | | depository designated by the county board and shall
make |
9 | | payments required by the court's order from such trustee |
10 | | account. Such
accounts shall be subject to audit in the same |
11 | | manner as accounts of the
county are audited.
|
12 | | (d) If an institution or the Department of Corrections |
13 | | certifies to the
court that it can administer this Section |
14 | | with respect to persons committed
to it under this Article, |
15 | | the clerk of the court shall be relieved of its
duties under |
16 | | this Section and they shall be assumed by such institution or
|
17 | | the Department.
|
18 | | (e) The court shall not order any fees, fines, costs, or |
19 | | other applicable assessments authorized under this Section |
20 | | against a minor subject to Article III, IV, or V of the |
21 | | Juvenile Court Act of 1987, or a minor under the age of 18 |
22 | | transferred to adult court or excluded from juvenile court |
23 | | jurisdiction under Article V of the Juvenile Court Act of |
24 | | 1987, or the minor's parent, guardian, or legal custodian. |
25 | | (Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)
|
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| | SB1463 | - 182 - | LRB103 25983 RLC 52337 b |
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|
1 | | (730 ILCS 5/5-8A-6)
|
2 | | Sec. 5-8A-6. Electronic monitoring of certain sex |
3 | | offenders. For a sexual predator subject to electronic |
4 | | monitoring under paragraph (7.7) of subsection (a) of Section |
5 | | 3-3-7, the Department of Corrections must use a system that |
6 | | actively monitors and identifies the offender's current |
7 | | location and timely reports or records the offender's presence |
8 | | and that alerts the Department of the offender's presence |
9 | | within a prohibited area described in Section 11-9.3 of the |
10 | | Criminal Code of 2012, in a court order, or as a condition of |
11 | | the offender's parole, mandatory supervised release, or |
12 | | extended mandatory supervised release and the offender's |
13 | | departure from specified geographic limitations. To the extent |
14 | | that he or she is able to do so, which the Department of |
15 | | Corrections by rule shall determine, the offender must pay for |
16 | | the cost of the electronic monitoring. The court shall not |
17 | | order any costs authorized under this Section against a minor |
18 | | subject to Article III, IV, or V of the Juvenile Court Act of |
19 | | 1987, or a minor under the age of 18 transferred to adult court |
20 | | or excluded from juvenile court jurisdiction under Article V |
21 | | of the Juvenile Court Act of 1987, or the minor's parent, |
22 | | guardian, or legal custodian.
|
23 | | (Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
|
24 | | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
|
25 | | Sec. 5-9-1.4. (a) "Crime laboratory" means any |
|
| | SB1463 | - 183 - | LRB103 25983 RLC 52337 b |
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|
1 | | not-for-profit
laboratory registered with the Drug Enforcement |
2 | | Administration of the
United States Department of Justice, |
3 | | substantially funded by a unit or
combination of units of |
4 | | local government or the State of Illinois, which
regularly |
5 | | employs at least one person engaged in the analysis
of |
6 | | controlled substances, cannabis, methamphetamine, or steroids |
7 | | for criminal justice
agencies in criminal matters and provides |
8 | | testimony with respect to such
examinations.
|
9 | | (b) (Blank).
|
10 | | (c) (Blank). In addition to any other disposition made |
11 | | pursuant to the provisions
of the Juvenile Court Act of 1987, |
12 | | any minor adjudicated delinquent for an
offense
which if |
13 | | committed by an adult would constitute a violation of the |
14 | | Cannabis
Control Act, the Illinois Controlled Substances Act, |
15 | | the Methamphetamine Control and Community Protection Act, or |
16 | | the Steroid Control
Act shall be required to pay a criminal |
17 | | laboratory analysis assessment of $100
for each
adjudication.
|
18 | | Upon verified petition of the minor, the court may suspend |
19 | | payment of
all or part of the assessment if it finds that the |
20 | | minor does not have the ability
to pay the assessment.
The |
21 | | parent, guardian, or legal custodian of the minor may pay
some |
22 | | or all of such assessment on the minor's behalf.
|
23 | | (c-1) The court shall not order the payment of a criminal |
24 | | laboratory analysis assessment, or equivalent fine, fee, or |
25 | | administrative cost, by a minor subject to Article III, IV, or |
26 | | V of the Juvenile Court Act of 1987, or a minor under the age |
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| | SB1463 | - 184 - | LRB103 25983 RLC 52337 b |
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|
1 | | of 18 transferred to adult court or excluded from juvenile |
2 | | court jurisdiction under Article V of the Juvenile Court Act |
3 | | of 1987, or the minor's parent, guardian, or legal custodian. |
4 | | (d) Notwithstanding subsection (c-1) of this Section, all |
5 | | funds All criminal laboratory analysis fees provided for by |
6 | | this Section shall
be collected by the clerk of the court and |
7 | | forwarded to the appropriate
crime laboratory fund as provided |
8 | | in subsection (f).
|
9 | | (e) Crime laboratory funds shall be established as |
10 | | follows:
|
11 | | (1) Any unit of local government which maintains a |
12 | | crime laboratory may
establish a crime laboratory fund |
13 | | within the office of the county or municipal treasurer.
|
14 | | (2) Any combination of units of local government which |
15 | | maintains a crime
laboratory may establish a crime |
16 | | laboratory fund within the office of the
treasurer of the |
17 | | county where the crime laboratory is situated.
|
18 | | (3) The State Crime Laboratory Fund is hereby
created |
19 | | as a special fund in the State Treasury. Notwithstanding |
20 | | any other provision of law to the contrary, and in |
21 | | addition to any other transfers that may be provided by |
22 | | law, on August 20, 2021 (the effective date of Public Act |
23 | | 102-505), or as soon thereafter as practical, the State |
24 | | Comptroller shall direct and the State Treasurer shall |
25 | | transfer the remaining balance from the State Offender DNA |
26 | | Identification System
Fund into the State Crime Laboratory |
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| | SB1463 | - 185 - | LRB103 25983 RLC 52337 b |
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1 | | Fund. Upon completion of the transfer, the State Offender |
2 | | DNA Identification System
Fund is dissolved, and any |
3 | | future deposits due to that Fund and any outstanding |
4 | | obligations or liabilities of that Fund shall pass to the |
5 | | State Crime Laboratory Fund.
|
6 | | (f) Funds The analysis assessment provided for in |
7 | | subsection (c) of this
Section shall be forwarded to the |
8 | | office of the treasurer of the unit of
local government that |
9 | | performed the analysis if that unit of local
government has |
10 | | established a crime laboratory fund, or to the State Crime
|
11 | | Laboratory Fund if the analysis was performed by a laboratory |
12 | | operated by
the Illinois State Police. If the analysis was |
13 | | performed by a crime
laboratory funded by a combination of |
14 | | units of local government, the
funds analysis assessment shall |
15 | | be forwarded to the treasurer of the
county where the crime |
16 | | laboratory is situated if a crime laboratory fund
has been |
17 | | established in that county. If the unit of local government or
|
18 | | combination of units of local government has not established a |
19 | | crime
laboratory fund, then the funds analysis assessment |
20 | | shall be forwarded to the State
Crime Laboratory Fund.
|
21 | | (g) Moneys deposited into a crime laboratory fund created |
22 | | pursuant to paragraph
(1) or (2) of subsection (e) of this |
23 | | Section shall be in
addition to any allocations made pursuant |
24 | | to existing law and shall be
designated for the exclusive use |
25 | | of the crime laboratory. These uses may
include, but are not |
26 | | limited to, the following:
|
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| | SB1463 | - 186 - | LRB103 25983 RLC 52337 b |
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|
1 | | (1) costs incurred in providing analysis for |
2 | | controlled substances in
connection with criminal |
3 | | investigations conducted within this State;
|
4 | | (2) purchase and maintenance of equipment for use in |
5 | | performing analyses; and
|
6 | | (3) continuing education, training, and professional |
7 | | development of
forensic
scientists regularly employed by |
8 | | these laboratories.
|
9 | | (h) Moneys deposited in the State Crime Laboratory Fund |
10 | | created pursuant
to paragraph (3) of subsection (d) of this |
11 | | Section shall be used by State
crime laboratories as |
12 | | designated by the Director of the Illinois State Police. These
|
13 | | funds shall be in addition to any allocations made pursuant to |
14 | | existing law
and shall be designated for the exclusive use of |
15 | | State crime laboratories or for the sexual assault evidence |
16 | | tracking system created under Section 50 of the Sexual Assault |
17 | | Evidence Submission Act.
These uses may include those |
18 | | enumerated in subsection (g) of this Section.
|
19 | | (Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21; |
20 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
21 | | (730 ILCS 5/5-9-1.9)
|
22 | | Sec. 5-9-1.9. DUI analysis fee .
|
23 | | (a) "Crime laboratory" means a not-for-profit laboratory |
24 | | substantially
funded by a single unit or combination of units |
25 | | of local government or the
State of
Illinois that regularly |
|
| | SB1463 | - 187 - | LRB103 25983 RLC 52337 b |
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|
1 | | employs at least one person engaged in the DUI
analysis of |
2 | | blood, other bodily substance, and urine for criminal justice |
3 | | agencies in criminal matters
and provides testimony with |
4 | | respect to such examinations.
|
5 | | "DUI analysis" means an analysis of blood, other bodily |
6 | | substance, or urine for purposes of
determining whether a |
7 | | violation of Section 11-501 of the Illinois Vehicle Code
has |
8 | | occurred.
|
9 | | (b) (Blank).
|
10 | | (c) (Blank). In addition to any other disposition made |
11 | | under the provisions of
the Juvenile Court Act of 1987, any |
12 | | minor adjudicated delinquent for an offense
which if committed |
13 | | by an adult would constitute a violation of Section 11-501
of |
14 | | the Illinois Vehicle Code shall pay a crime laboratory DUI |
15 | | analysis assessment
of $150 for each adjudication. Upon |
16 | | verified petition of the minor, the
court may suspend payment |
17 | | of all or part of the assessment if it finds
that the minor |
18 | | does not have the ability to pay the assessment. The parent, |
19 | | guardian,
or legal custodian of the minor may pay some or all |
20 | | of the assessment on the minor's
behalf.
|
21 | | (c-1) The court shall not order the payment of a criminal |
22 | | laboratory DUI analysis assessment, or equivalent fine, fee, |
23 | | or administrative cost, by a minor subject to Article III, IV, |
24 | | or V of the Juvenile Court Act of 1987, or a minor under the |
25 | | age of 18 transferred to adult court or excluded from juvenile |
26 | | court jurisdiction under Article V of the Juvenile Court Act |
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| | SB1463 | - 188 - | LRB103 25983 RLC 52337 b |
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1 | | of 1987, or the minor's parent, guardian, or legal custodian. |
2 | | (d) Notwithstanding subsection (c-1), all funds All crime |
3 | | laboratory DUI analysis assessments provided for by this |
4 | | Section
shall
be collected by the clerk of the court and |
5 | | forwarded to the appropriate crime
laboratory DUI fund as |
6 | | provided in subsection (f).
|
7 | | (e) Crime laboratory funds shall be established as |
8 | | follows:
|
9 | | (1) A unit of local government that maintains a crime |
10 | | laboratory may
establish a crime laboratory DUI fund |
11 | | within the office of the county or
municipal treasurer.
|
12 | | (2) Any combination of units of local government that |
13 | | maintains a crime
laboratory may establish a crime |
14 | | laboratory DUI fund within the office of the
treasurer of |
15 | | the county where the crime laboratory is situated.
|
16 | | (3) (Blank).
|
17 | | (f) Notwithstanding subsection (c-1), all funds The |
18 | | analysis assessment provided for in subsection (c) of this |
19 | | Section
shall be forwarded to the office of the treasurer of |
20 | | the unit of local
government that performed the analysis if |
21 | | that unit of local government has
established a crime |
22 | | laboratory DUI fund, or remitted to the State Treasurer for |
23 | | deposit
into the State Crime Laboratory Fund if the analysis |
24 | | was
performed by a
laboratory operated by the Illinois State |
25 | | Police. If the analysis was
performed by a crime laboratory |
26 | | funded by a combination of units of local
government, the |
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| | SB1463 | - 189 - | LRB103 25983 RLC 52337 b |
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|
1 | | funds analysis assessment shall be forwarded to the treasurer |
2 | | of the county
where the crime laboratory is situated if a crime |
3 | | laboratory DUI fund has been
established in that county. If |
4 | | the unit of local government or combination of
units of local |
5 | | government has not established a crime laboratory DUI fund, |
6 | | then
the funds analysis assessment shall be remitted to the |
7 | | State Treasurer for deposit into
the State Crime Laboratory |
8 | | Fund.
|
9 | | (g) Moneys deposited into a crime laboratory DUI fund |
10 | | created under
paragraphs (1) and (2) of subsection (e) of this |
11 | | Section shall be in addition
to any allocations made pursuant |
12 | | to existing law and shall be designated for
the exclusive use |
13 | | of the crime laboratory. These uses may include, but are not
|
14 | | limited to, the following:
|
15 | | (1) Costs incurred in providing analysis for DUI |
16 | | investigations conducted
within this State.
|
17 | | (2) Purchase and maintenance of equipment for use in |
18 | | performing analyses.
|
19 | | (3) Continuing education, training, and professional |
20 | | development of
forensic scientists regularly employed by |
21 | | these laboratories.
|
22 | | (h) Moneys deposited in the State Crime Laboratory Fund
|
23 | | shall be used by
State crime laboratories as designated by the |
24 | | Director of the Illinois State Police. These
funds shall be in |
25 | | addition to any allocations made according to existing law
and |
26 | | shall be designated for the exclusive use of State crime |
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| | SB1463 | - 190 - | LRB103 25983 RLC 52337 b |
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|
1 | | laboratories.
These uses may include those enumerated in |
2 | | subsection (g) of this Section. |
3 | | (i) Notwithstanding any other provision of law to the |
4 | | contrary and in addition to any other transfers that may be |
5 | | provided by law, on June 17, 2021 (the effective date of Public |
6 | | Act 102-16), or as soon thereafter as practical, the State |
7 | | Comptroller shall direct and the State Treasurer shall |
8 | | transfer the remaining balance from the State Police DUI Fund |
9 | | into the State Police Operations Assistance Fund. Upon |
10 | | completion of the transfer, the State Police DUI Fund is |
11 | | dissolved, and any future deposits due to that Fund and any |
12 | | outstanding obligations or liabilities of that Fund shall pass |
13 | | to the State Police Operations Assistance Fund.
|
14 | | (Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; |
15 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
16 | | Section 45. The Code of Civil Procedure is amended by |
17 | | changing Section 2-202 as follows:
|
18 | | (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
|
19 | | Sec. 2-202. Persons authorized to serve process; place of
|
20 | | service; failure to make return. |
21 | | (a) Process shall be served by a
sheriff, or if the sheriff |
22 | | is disqualified, by a coroner of some county of the
State. In |
23 | | matters where the county or State is an interested party, |
24 | | process may be served by a special investigator appointed by |
|
| | SB1463 | - 191 - | LRB103 25983 RLC 52337 b |
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1 | | the State's Attorney of the county, as defined in Section |
2 | | 3-9005 of the Counties Code. A sheriff of a county with a |
3 | | population of less than 2,000,000
may employ civilian |
4 | | personnel to serve process. In
counties with a population of |
5 | | less than 2,000,000, process may
be served, without special |
6 | | appointment, by a person who is licensed or
registered as a |
7 | | private detective under the Private Detective, Private
Alarm, |
8 | | Private
Security, Fingerprint Vendor, and Locksmith Act of |
9 | | 2004 or by a registered
employee of a private detective
agency |
10 | | certified under that Act as defined in Section (a-5). A |
11 | | private detective or licensed
employee must supply the sheriff |
12 | | of any county in which he serves process
with a copy of his |
13 | | license or certificate; however, the failure of a person
to |
14 | | supply the copy shall not in any way impair the validity of |
15 | | process
served by the person. The court may, in its discretion |
16 | | upon motion, order
service to be made by a private person over |
17 | | 18 years of age and not a party
to the action.
It is not |
18 | | necessary that service be made by a sheriff or
coroner of the |
19 | | county in which service is made. If served or sought to be
|
20 | | served by a sheriff or coroner, he or she shall endorse his or |
21 | | her return
thereon, and if by a private person the return shall |
22 | | be by affidavit.
|
23 | | (a-5) Upon motion and in its discretion, the court may |
24 | | appoint as a
special process
server a
private detective agency |
25 | | certified under the Private Detective, Private Alarm,
Private
|
26 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under |
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| | SB1463 | - 192 - | LRB103 25983 RLC 52337 b |
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|
1 | | the appointment,
any employee of
the
private detective agency |
2 | | who is registered under that Act may serve the
process. The
|
3 | | motion and the order of appointment must contain the number of |
4 | | the certificate
issued to
the private detective agency by the |
5 | | Department of Professional Regulation under
the
Private |
6 | | Detective, Private Alarm, Private Security, Fingerprint |
7 | | Vendor, and Locksmith Act of
2004. A private detective or |
8 | | private detective agency shall send, one time only, a copy of |
9 | | his, her, or its individual private detective license or |
10 | | private detective agency certificate to the county sheriff in |
11 | | each county in which the detective or detective agency or his, |
12 | | her, or its employees serve process, regardless of the size of |
13 | | the population of the county. As long as the license or |
14 | | certificate is valid and meets the requirements of the |
15 | | Department of Financial and Professional Regulation, a new |
16 | | copy of the current license or certificate need not be sent to |
17 | | the sheriff. A private detective agency shall maintain a list |
18 | | of its registered employees. Registered employees shall |
19 | | consist of: |
20 | | (1) an employee who works for the agency holding a |
21 | | valid Permanent Employee Registration Card;
|
22 | | (2) a person who has applied for a Permanent Employee |
23 | | Registration Card, has had his or her fingerprints |
24 | | processed and cleared by the Illinois State Police and the |
25 | | FBI, and as to whom the Department of Financial and |
26 | | Professional Regulation website shows that the person's |
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| | SB1463 | - 193 - | LRB103 25983 RLC 52337 b |
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|
1 | | application for a Permanent Employee Registration Card is |
2 | | pending; |
3 | | (3) a person employed by a private detective agency |
4 | | who is exempt from a Permanent Employee Registration Card |
5 | | requirement because the person is a current peace officer; |
6 | | and |
7 | | (4) a private detective who works for a private |
8 | | detective agency as an employee.
|
9 | | A detective agency shall maintain this list and forward it to |
10 | | any sheriff's department that requests this list within 5 |
11 | | business days after the receipt of the request. |
12 | | (b) Summons may be served upon the defendants wherever |
13 | | they may be
found in the State, by any person authorized to |
14 | | serve process. An officer
may serve summons in his or her |
15 | | official capacity outside his or her county,
but fees for |
16 | | mileage outside the county of the officer cannot be taxed
as |
17 | | costs. The person serving the process in a foreign county may |
18 | | make
return by mail.
|
19 | | (c) If any sheriff, coroner, or other person to whom any |
20 | | process is
delivered, neglects or refuses to make return of |
21 | | the same, the plaintiff
may petition the court to enter a rule |
22 | | requiring the sheriff, coroner,
or other person, to make |
23 | | return of the process on a day to be fixed by
the court, or to |
24 | | show cause on that day why that person should not be attached
|
25 | | for contempt of the court. The plaintiff shall then cause a |
26 | | written
notice of the rule to be served on the sheriff, |
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| | SB1463 | - 194 - | LRB103 25983 RLC 52337 b |
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|
1 | | coroner, or other
person. If good and sufficient cause be not |
2 | | shown to excuse the officer
or other person, the court shall |
3 | | adjudge him or her guilty of a contempt, and
shall impose |
4 | | punishment as in other cases of contempt.
|
5 | | (d) Except as provided in Sections 1–19, 3-17, 4-14, and |
6 | | 5-252 of the Juvenile Court Act of 1987, if If process is |
7 | | served by a sheriff, coroner, or special investigator |
8 | | appointed by the State's Attorney, the court may tax
the fee of |
9 | | the sheriff, coroner, or State's Attorney's special |
10 | | investigator as costs in the proceeding. If process
is served |
11 | | by a private person or entity, the court may establish a fee
|
12 | | therefor and tax such fee as costs in the proceedings.
|
13 | | (e) In addition to the powers stated in Section 8.1a of the |
14 | | Housing
Authorities Act, in counties with a population of |
15 | | 3,000,000 or more
inhabitants,
members of a housing authority |
16 | | police force may serve process for eviction actions commenced |
17 | | by that housing authority and may execute eviction
orders for |
18 | | that housing authority.
|
19 | | (f) In counties with a population of 3,000,000 or more, |
20 | | process may be
served, with special appointment by the court,
|
21 | | by a private process server or
a law enforcement agency other |
22 | | than the county sheriff
in proceedings instituted under |
23 | | Article IX of this Code as a result of a lessor or
lessor's |
24 | | assignee declaring a lease void pursuant to Section 11 of the
|
25 | | Controlled Substance and Cannabis Nuisance Act.
|
26 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
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| | SB1463 | - 195 - | LRB103 25983 RLC 52337 b |
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|
1 | | Section 95. No acceleration or delay. Where this Act makes |
2 | | changes in a statute that is represented in this Act by text |
3 | | that is not yet or no longer in effect (for example, a Section |
4 | | represented by multiple versions), the use of that text does |
5 | | not accelerate or delay the taking effect of (i) the changes |
6 | | made by this Act or (ii) provisions derived from any other |
7 | | Public Act. |
8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.
|
| | | SB1463 | - 196 - | LRB103 25983 RLC 52337 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 55 ILCS 5/5-1101.3 | | | 4 | | 705 ILCS 105/27.1b | | | 5 | | 705 ILCS 105/27.3b-1 | | | 6 | | 705 ILCS 135/5-5 | | | 7 | | 705 ILCS 135/5-10 | | | 8 | | 705 ILCS 135/5-15 | | | 9 | | 705 ILCS 135/15-70 | | | 10 | | 705 ILCS 405/1-19 new | | | 11 | | 705 ILCS 405/3-17 | from Ch. 37, par. 803-17 | | 12 | | 705 ILCS 405/3-19 | from Ch. 37, par. 803-19 | | 13 | | 705 ILCS 405/3-21 | from Ch. 37, par. 803-21 | | 14 | | 705 ILCS 405/3-24 | from Ch. 37, par. 803-24 | | 15 | | 705 ILCS 405/3-33.5 | | | 16 | | 705 ILCS 405/4-14 | from Ch. 37, par. 804-14 | | 17 | | 705 ILCS 405/4-16 | from Ch. 37, par. 804-16 | | 18 | | 705 ILCS 405/4-18 | from Ch. 37, par. 804-18 | | 19 | | 705 ILCS 405/4-21 | from Ch. 37, par. 804-21 | | 20 | | 705 ILCS 405/5-525 | | | 21 | | 705 ILCS 405/5-610 | | | 22 | | 705 ILCS 405/5-615 | | | 23 | | 705 ILCS 405/5-710 | | | 24 | | 705 ILCS 405/5-715 | | | 25 | | 705 ILCS 405/5-915 | | |
| | | SB1463 | - 197 - | LRB103 25983 RLC 52337 b |
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| 1 | | 705 ILCS 405/6-7 | from Ch. 37, par. 806-7 | | 2 | | 705 ILCS 405/6-9 | from Ch. 37, par. 806-9 | | 3 | | 705 ILCS 410/25 | | | 4 | | 720 ILCS 5/12C-60 | | | 5 | | 720 ILCS 550/4 | from Ch. 56 1/2, par. 704 | | 6 | | 720 ILCS 550/10 | from Ch. 56 1/2, par. 710 | | 7 | | 730 ILCS 5/5-4.5-105 | | | 8 | | 730 ILCS 5/5-5-10 | | | 9 | | 730 ILCS 5/5-6-3 | from Ch. 38, par. 1005-6-3 | | 10 | | 730 ILCS 5/5-6-3.1 | from Ch. 38, par. 1005-6-3.1 | | 11 | | 730 ILCS 5/5-7-6 | from Ch. 38, par. 1005-7-6 | | 12 | | 730 ILCS 5/5-8A-6 | | | 13 | | 730 ILCS 5/5-9-1.4 | from Ch. 38, par. 1005-9-1.4 | | 14 | | 730 ILCS 5/5-9-1.9 | | | 15 | | 735 ILCS 5/2-202 | from Ch. 110, par. 2-202 |
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