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| | SB1463 Enrolled | | 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) Fines and assessments, such as fees or |
12 | | administrative costs, authorized under this Section shall |
13 | | not be ordered or imposed on a minor subject to Article |
14 | | III, IV, or V of the Juvenile Court Act of 1987, or a minor |
15 | | under the age of 18 transferred to adult court or excluded |
16 | | from 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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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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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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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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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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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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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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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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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, fines and assessments, |
8 | | such as fees or administrative costs, authorized under this |
9 | | Section shall not be ordered or imposed on 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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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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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, fines and |
6 | | assessments, such as fees or administrative costs, authorized |
7 | | under this Section shall not be ordered or imposed on a minor |
8 | | subject to Article III, IV, or V of the Juvenile Court Act of |
9 | | 1987, or a minor under the age of 18 transferred to adult court |
10 | | or excluded from juvenile court jurisdiction under Article V |
11 | | of 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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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, fines |
8 | | and assessments, such as fees or administrative costs, |
9 | | authorized under this Section shall not be ordered or imposed |
10 | | on a minor subject to Article III, IV, or V of the Juvenile |
11 | | Court Act of 1987, or a minor under the age of 18 transferred |
12 | | to adult court or excluded from juvenile court jurisdiction |
13 | | under Article V of the Juvenile Court Act of 1987, or the |
14 | | minor's 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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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, assessments, such as fees |
14 | | or administrative costs, under this subsection (c-3) shall not |
15 | | be ordered or imposed on a minor subject to Article III, IV, or |
16 | | V of the Juvenile Court Act of 1987, or a minor under the age |
17 | | of 18 transferred to adult court or excluded from juvenile |
18 | | court jurisdiction under Article V of the Juvenile Court Act |
19 | | of 1987, or the minor's parent, 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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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, assessments, such as fees |
19 | | or administrative costs, under this subsection (c-5) shall not |
20 | | be ordered or imposed on a minor subject to Article III, IV, or |
21 | | V of the Juvenile Court Act of 1987, or a minor under the age |
22 | | of 18 transferred to adult court or excluded from juvenile |
23 | | court jurisdiction under Article V of the Juvenile Court Act |
24 | | of 1987, or the minor's parent, 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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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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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, fines and assessments, such as fees or |
13 | | administrative costs, authorized in this Section shall not be |
14 | | ordered or imposed on a minor subject to Article III, IV, or V |
15 | | of the Juvenile Court Act of 1987, or a minor under the age of |
16 | | 18 transferred to adult court or excluded from juvenile court |
17 | | jurisdiction under Article V of the Juvenile Court Act of |
18 | | 1987, or the minor's parent, 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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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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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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| | SB1463 Enrolled | - 36 - | LRB103 25983 RLC 52337 b |
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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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| | SB1463 Enrolled | - 37 - | LRB103 25983 RLC 52337 b |
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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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| | SB1463 Enrolled | - 38 - | LRB103 25983 RLC 52337 b |
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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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| | SB1463 Enrolled | - 39 - | LRB103 25983 RLC 52337 b |
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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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| | SB1463 Enrolled | - 40 - | LRB103 25983 RLC 52337 b |
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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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| | SB1463 Enrolled | - 41 - | LRB103 25983 RLC 52337 b |
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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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| | SB1463 Enrolled | - 42 - | LRB103 25983 RLC 52337 b |
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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, fines and assessments, such |
20 | | as fees or administrative costs authorized in this Section, |
21 | | shall not be ordered or imposed on a minor subject to Article |
22 | | III, IV, or V of the Juvenile Court Act of 1987, or a minor |
23 | | under the age of 18 transferred to adult court or excluded from |
24 | | juvenile court jurisdiction under Article V of the Juvenile |
25 | | Court Act of 1987, or the minor's parent, guardian, or legal |
26 | | custodian. |
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| | SB1463 Enrolled | - 43 - | LRB103 25983 RLC 52337 b |
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|
1 | | (Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20; |
2 | | 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff. |
3 | | 8-20-21; 102-813, eff. 5-13-22.) |
4 | | Section 20. The Juvenile Court Act of 1987 is amended by |
5 | | changing Sections 1-8, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-14, |
6 | | 4-16, 4-18, 4-21, 5-525, 5-610, 5-615, 5-710, 5-715, 5-915, |
7 | | 6-7, and 6-9 and by adding Section 1-19 as follows:
|
8 | | (705 ILCS 405/1-8)
|
9 | | Sec. 1-8. Confidentiality and accessibility of juvenile |
10 | | court records.
|
11 | | (A) A juvenile adjudication shall never be considered a |
12 | | conviction nor shall an adjudicated individual be considered a |
13 | | criminal. Unless expressly allowed by law, a juvenile |
14 | | adjudication shall not operate to impose upon the individual |
15 | | any of the civil disabilities ordinarily imposed by or |
16 | | resulting from conviction. Unless expressly allowed by law, |
17 | | adjudications shall not prejudice or disqualify the individual |
18 | | in any civil service application or appointment, from holding |
19 | | public office, or from receiving any license granted by public |
20 | | authority. All juvenile court records which have not been |
21 | | expunged are sealed and may never be disclosed to the general |
22 | | public or otherwise made widely available. Sealed juvenile |
23 | | court records may be obtained only under this Section and |
24 | | Section 1-7 and Part 9 of Article V of this Act, when their use |
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| | SB1463 Enrolled | - 44 - | LRB103 25983 RLC 52337 b |
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1 | | is needed for good cause and with an order from the juvenile |
2 | | court. Inspection and copying of juvenile court records |
3 | | relating to a minor
who is the subject of a proceeding under |
4 | | this Act shall be restricted to the
following:
|
5 | | (1) The minor who is the subject of record, his or her |
6 | | parents, guardian,
and counsel.
|
7 | | (2) Law enforcement officers and law enforcement |
8 | | agencies when such
information is essential to executing |
9 | | an arrest or search warrant or other
compulsory process, |
10 | | or to conducting an ongoing investigation
or relating to a |
11 | | minor who
has been adjudicated delinquent and there has |
12 | | been a previous finding that
the act which constitutes the |
13 | | previous offense was committed in furtherance
of criminal |
14 | | activities by a criminal street gang.
|
15 | | Before July 1, 1994, for the purposes of this Section, |
16 | | "criminal street
gang" means any ongoing
organization, |
17 | | association, or group of 3 or more persons, whether formal |
18 | | or
informal, having as one of its primary activities the |
19 | | commission of one or
more criminal acts and that has a |
20 | | common name or common identifying sign,
symbol or specific |
21 | | color apparel displayed, and whose members individually
or |
22 | | collectively engage in or have engaged in a pattern of |
23 | | criminal activity.
|
24 | | Beginning July 1, 1994, for purposes of this Section, |
25 | | "criminal street
gang" has the meaning ascribed to it in |
26 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus |
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| | SB1463 Enrolled | - 45 - | LRB103 25983 RLC 52337 b |
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1 | | Prevention Act.
|
2 | | (3) Judges, hearing officers, prosecutors, public |
3 | | defenders, probation officers, social
workers, or other
|
4 | | individuals assigned by the court to conduct a |
5 | | pre-adjudication or pre-disposition
investigation, and |
6 | | individuals responsible for supervising
or providing |
7 | | temporary or permanent care and custody for minors under |
8 | | the order of the juvenile court when essential to |
9 | | performing their
responsibilities.
|
10 | | (4) Judges, federal, State, and local prosecutors, |
11 | | public defenders, probation officers, and designated |
12 | | staff:
|
13 | | (a) in the course of a trial when institution of |
14 | | criminal proceedings
has been permitted or required |
15 | | under Section 5-805;
|
16 | | (b) when criminal proceedings have been permitted
|
17 | | or
required under Section 5-805 and a minor is the |
18 | | subject of a
proceeding to
determine the conditions of |
19 | | pretrial release;
|
20 | | (c) when criminal proceedings have been permitted
|
21 | | or
required under Section 5-805 and a minor is the |
22 | | subject of a
pre-trial
investigation, pre-sentence |
23 | | investigation or fitness hearing, or
proceedings on an |
24 | | application for probation; or
|
25 | | (d) when a minor becomes 18 years of age or older, |
26 | | and is the subject
of criminal proceedings, including |
|
| | SB1463 Enrolled | - 46 - | LRB103 25983 RLC 52337 b |
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|
1 | | a hearing to determine the conditions of pretrial |
2 | | release, a pre-trial investigation, a pre-sentence |
3 | | investigation, a fitness
hearing, or proceedings on an |
4 | | application for probation.
|
5 | | (5) Adult and Juvenile Prisoner Review Boards.
|
6 | | (6) Authorized military personnel.
|
7 | | (6.5) Employees of the federal government authorized |
8 | | by law. |
9 | | (7) Victims, their subrogees and legal |
10 | | representatives; however, such
persons shall have access |
11 | | only to the name and address of the minor and
information |
12 | | pertaining to the disposition or alternative adjustment |
13 | | plan
of the juvenile court.
|
14 | | (8) Persons engaged in bona fide research, with the |
15 | | permission of the
presiding judge of the juvenile court |
16 | | and the chief executive of the agency
that prepared the |
17 | | particular records; provided that publication of such
|
18 | | research results in no disclosure of a minor's identity |
19 | | and protects the
confidentiality of the record.
|
20 | | (9) The Secretary of State to whom the Clerk of the |
21 | | Court shall report
the disposition of all cases, as |
22 | | required in Section 6-204 of the Illinois
Vehicle Code. |
23 | | However, information reported relative to these offenses |
24 | | shall
be privileged and available only to the Secretary of |
25 | | State, courts, and police
officers.
|
26 | | (10) The administrator of a bonafide substance abuse |
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| | SB1463 Enrolled | - 47 - | LRB103 25983 RLC 52337 b |
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|
1 | | student
assistance program with the permission of the |
2 | | presiding judge of the
juvenile court.
|
3 | | (11) Mental health professionals on behalf of the |
4 | | Department of
Corrections or the Department of Human |
5 | | Services or prosecutors who are
evaluating, prosecuting, |
6 | | or investigating a potential or actual petition
brought
|
7 | | under the Sexually Violent Persons Commitment Act relating |
8 | | to a person who is the
subject of
juvenile court records or |
9 | | the respondent to a petition brought under
the
Sexually |
10 | | Violent Persons Commitment Act, who is the subject of |
11 | | juvenile
court records
sought. Any records and any |
12 | | information obtained from those records under this
|
13 | | paragraph (11) may be used only in sexually violent |
14 | | persons commitment
proceedings.
|
15 | | (12) (Blank). Collection agencies, contracted or |
16 | | otherwise engaged by a governmental entity, to collect any |
17 | | debts due and owing to the governmental entity. |
18 | | (A-1) Findings and exclusions of paternity entered in |
19 | | proceedings occurring under Article II of this Act shall be |
20 | | disclosed, in a manner and form approved by the Presiding |
21 | | Judge of the Juvenile Court, to the Department of Healthcare |
22 | | and Family Services when necessary to discharge the duties of |
23 | | the Department of Healthcare and Family Services under Article |
24 | | X of the Illinois Public Aid Code. |
25 | | (B) A minor who is the victim in a juvenile proceeding |
26 | | shall be
provided the same confidentiality regarding |
|
| | SB1463 Enrolled | - 48 - | LRB103 25983 RLC 52337 b |
|
|
1 | | disclosure of identity as the
minor who is the subject of |
2 | | record.
|
3 | | (C)(0.1) In cases where the records concern a pending |
4 | | juvenile court case, the requesting party seeking to inspect |
5 | | the juvenile court records shall provide actual notice to the |
6 | | attorney or guardian ad litem of the minor whose records are |
7 | | sought. |
8 | | (0.2) In cases where the juvenile court records concern a |
9 | | juvenile court case that is no longer pending, the requesting |
10 | | party seeking to inspect the juvenile court records shall |
11 | | provide actual notice to the minor or the minor's parent or |
12 | | legal guardian, and the matter shall be referred to the chief |
13 | | judge presiding over matters pursuant to this Act. |
14 | | (0.3) In determining whether juvenile court records should |
15 | | be made available for inspection and whether inspection should |
16 | | be limited to certain parts of the file, the court shall |
17 | | consider the minor's interest in confidentiality and |
18 | | rehabilitation over the requesting party's interest in |
19 | | obtaining the information. The State's Attorney, the minor, |
20 | | and the minor's parents, guardian, and counsel shall at all |
21 | | times have the right to examine court files and records. |
22 | | (0.4) Any records obtained in violation of this Section |
23 | | shall not be admissible in any criminal or civil proceeding, |
24 | | or operate to disqualify a minor from subsequently holding |
25 | | public office, or operate as a forfeiture of any public |
26 | | benefit, right, privilege, or right to receive any license |
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| | SB1463 Enrolled | - 49 - | LRB103 25983 RLC 52337 b |
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|
1 | | granted by public authority.
|
2 | | (D) Pending or following any adjudication of delinquency |
3 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or |
4 | | 12-13 through 12-16 of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012,
the victim of any such offense shall |
6 | | receive the
rights set out in Sections 4 and 6 of the Bill of
|
7 | | Rights for Victims and Witnesses of Violent Crime Act; and the
|
8 | | juvenile who is the subject of the adjudication, |
9 | | notwithstanding any other
provision of this Act, shall be |
10 | | treated
as an adult for the purpose of affording such rights to |
11 | | the victim.
|
12 | | (E) Nothing in this Section shall affect the right of a |
13 | | Civil Service
Commission or appointing authority of the |
14 | | federal government, or any state, county, or municipality
|
15 | | examining the character and fitness of
an applicant for |
16 | | employment with a law enforcement
agency, correctional |
17 | | institution, or fire department to
ascertain
whether that |
18 | | applicant was ever adjudicated to be a delinquent minor and,
|
19 | | if so, to examine the records of disposition or evidence which |
20 | | were made in
proceedings under this Act.
|
21 | | (F) Following any adjudication of delinquency for a crime |
22 | | which would be
a felony if committed by an adult, or following |
23 | | any adjudication of delinquency
for a violation of Section |
24 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
25 | | Criminal Code of 2012, the State's Attorney shall ascertain
|
26 | | whether the minor respondent is enrolled in school and, if so, |
|
| | SB1463 Enrolled | - 50 - | LRB103 25983 RLC 52337 b |
|
|
1 | | shall provide
a copy of the dispositional order to the |
2 | | principal or chief administrative
officer of the school. |
3 | | Access to the dispositional order shall be limited
to the |
4 | | principal or chief administrative officer of the school and |
5 | | any school
counselor designated by him or her.
|
6 | | (G) Nothing contained in this Act prevents the sharing or
|
7 | | disclosure of information or records relating or pertaining to |
8 | | juveniles
subject to the provisions of the Serious Habitual |
9 | | Offender Comprehensive
Action Program when that information is |
10 | | used to assist in the early
identification and treatment of |
11 | | habitual juvenile offenders.
|
12 | | (H) When a court hearing a proceeding under Article II of |
13 | | this Act becomes
aware that an earlier proceeding under |
14 | | Article II had been heard in a different
county, that court |
15 | | shall request, and the court in which the earlier
proceedings |
16 | | were initiated shall transmit, an authenticated copy of the |
17 | | juvenile court
record, including all documents, petitions, and |
18 | | orders filed and the
minute orders, transcript of proceedings, |
19 | | and docket entries of the court.
|
20 | | (I) The Clerk of the Circuit Court shall report to the |
21 | | Illinois
State
Police, in the form and manner required by the |
22 | | Illinois State Police, the
final disposition of each minor who |
23 | | has been arrested or taken into custody
before his or her 18th |
24 | | birthday for those offenses required to be reported
under |
25 | | Section 5 of the Criminal Identification Act. Information |
26 | | reported to
the Department under this Section may be |
|
| | SB1463 Enrolled | - 51 - | LRB103 25983 RLC 52337 b |
|
|
1 | | maintained with records that the
Department files under |
2 | | Section 2.1 of the Criminal Identification Act.
|
3 | | (J) The changes made to this Section by Public Act 98-61 |
4 | | apply to juvenile law enforcement records of a minor who has |
5 | | been arrested or taken into custody on or after January 1, 2014 |
6 | | (the effective date of Public Act 98-61). |
7 | | (K) Willful violation of this Section is a Class C |
8 | | misdemeanor and each violation is subject to a fine of $1,000. |
9 | | This subsection (K) shall not apply to the person who is the |
10 | | subject of the record. |
11 | | (L) A person convicted of violating this Section is liable |
12 | | for damages in the amount of $1,000 or actual damages, |
13 | | whichever is greater. |
14 | | (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; |
15 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22 .) |
16 | | (705 ILCS 405/1-19 new) |
17 | | Sec. 1-19. Fines, assessments, civil judgments, and |
18 | | outstanding balances owed by minors or their parents, |
19 | | guardians, or legal custodians; report. |
20 | | (a) Except for restitution and assessments issued for |
21 | | adjudications under Section 5-125 of this Act, fines and |
22 | | assessments, such as fees or administrative costs, shall not |
23 | | be ordered or imposed on the following individuals as of the |
24 | | effective date of this amendatory Act of the 103rd General |
25 | | Assembly: |
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1 | | (1) a minor subject to Article III, IV, or V of this |
2 | | Act, or the minor's parent, guardian, or legal custodian; |
3 | | or |
4 | | (2) a minor under the age of 18 transferred to adult |
5 | | court or excluded from juvenile court jurisdiction under |
6 | | Article V of this Act, or the minor's parent, guardian, or |
7 | | legal custodian. |
8 | | (b) Except for restitution and assessments issued for |
9 | | adjudications under Section 5-125 of this Act, all unsatisfied |
10 | | civil judgments, outstanding balances for fines, and |
11 | | outstanding balances for assessments, such as fees or |
12 | | administrative costs, including interest, penalties, or |
13 | | collection fees entered prior to the effective date of this |
14 | | amendatory Act of the 103rd General Assembly in cases pursuant |
15 | | to subsection (a) of this Section, are null, void, satisfied, |
16 | | and not collectible. |
17 | | (c) Except for restitution and assessments issued for |
18 | | adjudications under Section 5-125 of this Act, within one year |
19 | | of the effective date of this amendatory Act of the 103rd |
20 | | General Assembly, the circuit court clerk of each county shall |
21 | | discharge and waive 100% of all outstanding balances for |
22 | | unsatisfied civil judgments, unpaid fines, and unpaid |
23 | | assessments such as fees or administrative costs, including |
24 | | interest, penalties, or collection fees, entered against a |
25 | | minor or the minor's parent, guardian, or legal custodian in |
26 | | the following: |
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1 | | (1) cases involving a minor subject to Article III, |
2 | | IV, or V of this Act; and |
3 | | (2) cases involving a minor under the age of 18 |
4 | | transferred to adult court or excluded from juvenile court |
5 | | jurisdiction under Article V of this Act. |
6 | | (d) Within 30 calendar days after the effective date of |
7 | | this amendatory Act of the 103rd General Assembly, the State's |
8 | | Attorney or circuit court clerk in each county shall provide |
9 | | written notice to collection agencies contracted or assigned |
10 | | to collect outstanding balances in cases pursuant to this |
11 | | Section that outstanding balances for unsatisfied civil |
12 | | judgments, unpaid fines, and unpaid assessments such as fees |
13 | | or administrative costs, including interest, penalties, or |
14 | | collection fees, are null, void, satisfied, and not |
15 | | collectible as of the effective date of this amendatory Act of |
16 | | the 103rd General Assembly. |
17 | | (e) If a payment is made by a minor or his or her parent, |
18 | | guardian, or legal custodian on or after the effective date of |
19 | | this amendatory Act of the 103rd General Assembly, the circuit |
20 | | court clerk shall reimburse payments made towards unsatisfied |
21 | | civil judgments, unpaid fines, or unpaid assessments such as |
22 | | fees or administrative costs, including interest, penalties, |
23 | | or collection fees, made null, void, satisfied, and |
24 | | uncollectible by this amendatory Act of the 103rd General |
25 | | Assembly. |
26 | | (f) Within one year of the effective date of this |
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1 | | amendatory Act of the 103rd General Assembly, the circuit |
2 | | court clerk of each county shall report to the Illinois |
3 | | Juvenile Justice Commission the following data, in a form and |
4 | | manner to be determined by the Commission, specific to all |
5 | | outstanding balances for unsatisfied civil judgments, unpaid |
6 | | fines, and unpaid assessments, such as fees or administrative |
7 | | costs, made null, void, satisfied, and not collectible by this |
8 | | amendatory Act of the 103rd General Assembly: |
9 | | (1) As of the effective date of this amendatory Act of |
10 | | the 103rd General Assembly, the total number of cases or |
11 | | individuals pursuant to this amendatory Act of the 103rd |
12 | | General Assembly which: |
13 | | (A) have outstanding balances; and |
14 | | (B) have outstanding balances converted into civil |
15 | | judgments; |
16 | | (2) The number of cases or individuals with |
17 | | outstanding balances discharged and waived pursuant to |
18 | | this amendatory Act of the 103rd General Assembly; and |
19 | | (3) The total amount of outstanding balances |
20 | | discharged and waived pursuant to this amendatory Act of |
21 | | the 103rd General Assembly for the following: |
22 | | (A) unsatisfied civil judgments; |
23 | | (B) unpaid fines; and |
24 | | (C) unpaid assessments, such as fees or |
25 | | administrative costs.
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1 | | (705 ILCS 405/3-17) (from Ch. 37, par. 803-17)
|
2 | | Sec. 3-17. Summons. (1) When a petition is filed, the |
3 | | clerk of the court
shall issue a summons with a copy of the |
4 | | petition attached. The summons
shall be directed to the |
5 | | minor's legal guardian or custodian and to each person
named |
6 | | as a respondent in the petition, except that summons need not |
7 | | be
directed to a minor respondent under 8 years of age for whom |
8 | | the court
appoints a guardian ad litem if the guardian ad litem |
9 | | appears on behalf of
the minor in any proceeding under this |
10 | | Act.
|
11 | | (2) The summons must contain a statement that the minor or |
12 | | any of the
respondents is entitled to have an attorney present |
13 | | at the hearing on the
petition, and that the clerk of the court |
14 | | should be notified promptly if
the minor or any other |
15 | | respondent desires to be represented by an attorney
but is |
16 | | financially unable to employ counsel.
|
17 | | (3) The summons shall be issued under the seal of the |
18 | | court, attested to
and signed with the name of the clerk of the |
19 | | court, dated on the day it is
issued, and shall require each |
20 | | respondent to appear and answer the petition
on the date set |
21 | | for the adjudicatory hearing.
|
22 | | (4) The summons may be served by any county sheriff, |
23 | | coroner or
probation officer, even though the officer is the |
24 | | petitioner. The return of
the summons with endorsement of |
25 | | service by the officer is sufficient proof
thereof.
|
26 | | (5) Service of a summons and petition shall be made by: (a) |
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1 | | leaving a
copy thereof with the person summoned at least 3 days |
2 | | before the time
stated therein for appearance; (b) leaving a |
3 | | copy at his usual place
of abode with some person of the |
4 | | family, of the age of 10 years or upwards,
and informing that |
5 | | person of the contents thereof, provided the officer or
other |
6 | | person making service shall also send a copy of the summons in |
7 | | a
sealed envelope with postage fully prepaid, addressed to the |
8 | | person
summoned at his usual place of abode, at least 3 days |
9 | | before the time
stated therein for appearance; or (c) leaving |
10 | | a copy thereof with the
guardian or custodian of a minor, at |
11 | | least 3 days before the time stated
therein for appearance. If |
12 | | the guardian or custodian is an agency of the
State of |
13 | | Illinois, proper service may be made by leaving a copy of the
|
14 | | summons and petition with any administrative employee of such |
15 | | agency
designated by such agency to accept service of summons |
16 | | and petitions.
The certificate of the officer or affidavit of |
17 | | the person that he has sent
the copy pursuant to this Section |
18 | | is sufficient proof of service.
|
19 | | (6) When a parent or other person, who has signed a written |
20 | | promise to
appear and bring the minor to court or who has |
21 | | waived or acknowledged service,
fails to appear with the minor |
22 | | on the date set by the court, a
bench warrant may be issued for |
23 | | the parent or other person, the minor, or both.
|
24 | | (7) The appearance of the minor's legal guardian or |
25 | | custodian, or a
person named as a respondent in a petition, in |
26 | | any proceeding under this
Act shall constitute a waiver of |
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1 | | service of summons and submission to the
jurisdiction of the |
2 | | court. A copy of the summons and petition shall be
provided to |
3 | | the person at the time of his appearance.
|
4 | | (8) Fines or assessments, such as fees or administrative |
5 | | costs, in the service of process shall not be ordered or |
6 | | imposed on a minor or a minor's parent, guardian, or legal |
7 | | custodian. |
8 | | (Source: P.A. 86-441.)
|
9 | | (705 ILCS 405/3-19) (from Ch. 37, par. 803-19)
|
10 | | Sec. 3-19. Guardian ad litem.
|
11 | | (1) Immediately upon the filing of a
petition alleging |
12 | | that the minor requires authoritative intervention,
the court |
13 | | may appoint a guardian ad litem for the minor if
|
14 | | (a) such petition alleges that the minor is the victim |
15 | | of sexual
abuse or misconduct; or
|
16 | | (b) such petition alleges that charges alleging the |
17 | | commission
of any of the sex offenses defined in Article |
18 | | 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
19 | | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the |
20 | | Criminal
Code of 1961 or the Criminal Code of 2012, have |
21 | | been filed against a defendant in
any court and that such |
22 | | minor is the alleged victim of the acts
of the defendant in |
23 | | the commission of such offense.
|
24 | | (2) Unless the guardian ad litem appointed pursuant to |
25 | | paragraph
(1) is an attorney at law he shall be represented in |
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1 | | the performance
of his duties by counsel.
|
2 | | (3) Before proceeding with the hearing, the court shall
|
3 | | appoint a guardian ad litem for the minor if
|
4 | | (a) no parent, guardian, custodian or relative of the |
5 | | minor appears
at the first or any subsequent hearing of |
6 | | the case;
|
7 | | (b) the petition prays for the appointment of a |
8 | | guardian with power
to consent to adoption; or
|
9 | | (c) the petition for which the minor is before the |
10 | | court resulted
from a report made pursuant to the Abused |
11 | | and Neglected Child Reporting Act.
|
12 | | (4) The court may appoint a guardian ad litem for the minor |
13 | | whenever
it finds that there may be a conflict of interest |
14 | | between the minor and
his parents or other custodian or that it |
15 | | is otherwise in the minor's
interest to do so.
|
16 | | (5) The reasonable fees of a guardian ad litem appointed |
17 | | under this
Section shall be fixed by the court and charged to |
18 | | the parents of the
minor, to the extent they are able to pay. |
19 | | If the parents are unable to
pay those fees, they shall be paid |
20 | | from the general fund of the county.
|
21 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
22 | | (705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
|
23 | | Sec. 3-21. Continuance under supervision.
|
24 | | (1) The court may enter an
order of continuance under |
25 | | supervision (a) upon an admission or stipulation
by the |
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1 | | appropriate respondent or minor respondent of the facts |
2 | | supporting
the petition and before proceeding to findings and |
3 | | adjudication, or after
hearing the evidence at the |
4 | | adjudicatory hearing but before noting in the
minutes of |
5 | | proceedings a finding of whether or not the minor is a person
|
6 | | requiring authoritative intervention; and (b) in the absence |
7 | | of objection
made in open court by the minor, his parent, |
8 | | guardian, custodian,
responsible relative, defense attorney or |
9 | | the State's Attorney.
|
10 | | (2) If the minor, his parent, guardian, custodian, |
11 | | responsible
relative, defense attorney or State's Attorney, |
12 | | objects in open court to
any such continuance and insists upon |
13 | | proceeding to findings and
adjudication, the court shall so |
14 | | proceed.
|
15 | | (3) Nothing in this Section limits the power of the court |
16 | | to order a
continuance of the hearing for the production of |
17 | | additional evidence or
for any other proper reason.
|
18 | | (4) When a hearing where a minor is alleged to be a minor |
19 | | requiring
authoritative intervention is continued pursuant to |
20 | | this Section, the court
may permit the minor to remain in his |
21 | | home subject to such conditions
concerning his conduct and |
22 | | supervision as the court may require by order.
|
23 | | (5) If a petition is filed charging a violation of a |
24 | | condition of the
continuance under supervision, the court |
25 | | shall conduct a hearing. If the court
finds that such |
26 | | condition of supervision has not been fulfilled the court may
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1 | | proceed to findings and adjudication and disposition. The |
2 | | filing of a
petition for violation of a condition of the |
3 | | continuance under supervision
shall toll the period of |
4 | | continuance under supervision until the final
determination of |
5 | | the charge, and the term of the continuance under
supervision |
6 | | shall not run until the hearing and disposition of the |
7 | | petition for
violation; provided where the petition alleges |
8 | | conduct that does not constitute
a criminal offense, the |
9 | | hearing must be held within 15 days of the filing
of the |
10 | | petition unless a delay in such hearing has been occasioned by |
11 | | the
minor, in which case the delay shall continue the tolling |
12 | | of the period
of continuance under supervision for the period |
13 | | of such delay.
|
14 | | (6) (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 III, 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 405/3-24) (from Ch. 37, par. 803-24)
|
7 | | Sec. 3-24. Kinds of dispositional orders.
|
8 | | (1) The following kinds of orders of disposition may be |
9 | | made in respect to
wards of the court: A minor found to be |
10 | | requiring authoritative intervention
under Section 3-3 may be |
11 | | (a) committed to the Department of Children and Family
|
12 | | Services, subject to Section 5 of the Children and Family |
13 | | Services Act; (b)
placed under supervision and released to his |
14 | | or her parents, guardian or legal
custodian; (c) placed in |
15 | | accordance with Section 3-28 with or without also
being placed |
16 | | under supervision. Conditions of supervision may be modified |
17 | | or
terminated by the court if it deems that the best interests |
18 | | of the minor and
the public will be served thereby; (d) ordered |
19 | | partially or completely
emancipated in accordance with the |
20 | | provisions of the Emancipation of
Minors Act; or (e) subject |
21 | | to having his or her driver's license or driving
privilege |
22 | | suspended for such time as determined by the Court but only |
23 | | until he
or she attains 18 years of age.
|
24 | | (2) Any order of disposition may provide for protective |
25 | | supervision
under Section 3-25 and may include an order of |
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1 | | protection under Section 3-26.
|
2 | | (3) Unless the order of disposition expressly so provides, |
3 | | it does
not operate to close proceedings on the pending |
4 | | petition, but is subject
to modification until final closing |
5 | | and discharge of the proceedings
under Section 3-32.
|
6 | | (4) In addition to any other order of disposition, the |
7 | | court may order
any person found to be a minor requiring |
8 | | authoritative intervention under
Section 3-3 to make |
9 | | restitution, in monetary or non-monetary form, under
the terms |
10 | | and conditions of Section 5-5-6 of the Unified Code of
|
11 | | Corrections, except that the "presentence hearing" referred to |
12 | | therein
shall be the dispositional hearing for purposes of |
13 | | this Section. The
parent, guardian or legal custodian of the |
14 | | minor may pay some or all of
such restitution on the minor's |
15 | | behalf.
|
16 | | (5) Any order for disposition where the minor is committed |
17 | | or placed in
accordance with Section 3-28 shall provide for |
18 | | the parents or guardian of
the estate of such minor to pay to |
19 | | the legal custodian or guardian of the
person of the minor such |
20 | | sums as are determined by the custodian or guardian
of the |
21 | | person of the minor as necessary for the minor's needs. Such |
22 | | payments
may not exceed the maximum amounts provided for by |
23 | | Section 9.1 of the
Children and Family Services Act.
|
24 | | (6) Whenever the order of disposition requires the minor |
25 | | to attend
school or participate in a program of training, the |
26 | | truant officer or
designated school official shall regularly |
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1 | | report to the court if the minor
is a chronic or habitual |
2 | | truant under Section 26-2a of the School Code.
|
3 | | (7) (Blank). The court must impose upon a minor under an |
4 | | order of continuance
under supervision or an order of |
5 | | disposition under this Article III, as a
condition of the |
6 | | order, a fee of $25 for each month or partial month of
|
7 | | supervision with a probation officer. If the court determines |
8 | | the inability of
the minor, or the parent, guardian, or legal |
9 | | custodian of the minor to pay the
fee, the court may impose a |
10 | | lesser fee. The court may not impose the fee on a
minor who is |
11 | | placed in the guardianship or custody of the Department of |
12 | | Children and Family Services under this Act. The fee may be |
13 | | imposed
only upon a minor who is actively supervised by the |
14 | | probation and court
services department. The fee must be |
15 | | collected by the clerk of the circuit
court. The clerk of the |
16 | | circuit court must pay all monies collected from this
fee to |
17 | | the county treasurer for deposit into the probation and court |
18 | | services
fund under Section 15.1 of the Probation and |
19 | | Probation Officers Act.
|
20 | | (Source: P.A. 100-159, eff. 8-18-17.)
|
21 | | (705 ILCS 405/3-33.5) |
22 | | Sec. 3-33.5. Truant minors in need of supervision.
|
23 | | (a) Definition. A
minor who is reported by the office of |
24 | | the regional superintendent of schools as a chronic truant may |
25 | | be subject to a petition for adjudication and adjudged a
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1 | | truant minor in need of supervision, provided that prior to |
2 | | the filing of the petition, the office
of the regional |
3 | | superintendent of schools or a community truancy review board |
4 | | certifies that the local school has provided appropriate |
5 | | truancy intervention services
to the truant minor and his or |
6 | | her family. For purposes of this Section, "truancy |
7 | | intervention services"
means services designed to assist the |
8 | | minor's return to an educational program, and includes but is |
9 | | not
limited to: assessments, counseling, mental health |
10 | | services, shelter, optional and alternative education
|
11 | | programs, tutoring, and educational advocacy. If, after review |
12 | | by the regional office of education or
community truancy |
13 | | review board, it is determined the local
school did not |
14 | | provide the appropriate interventions, then the minor shall be |
15 | | referred to a comprehensive community
based youth service |
16 | | agency for truancy intervention services. If the comprehensive |
17 | | community based youth service
agency is incapable to provide |
18 | | intervention services, then this requirement for services is
|
19 | | not applicable. The comprehensive community based youth |
20 | | service agency shall submit reports to the office of the
|
21 | | regional superintendent of schools or truancy review board |
22 | | within 20, 40, and 80 school days of the initial referral or at |
23 | | any other time requested by the
office of the regional |
24 | | superintendent of schools or truancy review board, which |
25 | | reports each shall certify the date of the minor's referral |
26 | | and the extent of the
minor's progress and participation in |
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1 | | truancy intervention services provided by the comprehensive |
2 | | community based youth service agency. In addition, if, after |
3 | | referral by the office of the regional superintendent of
|
4 | | schools or community truancy review board, the minor
declines |
5 | | or refuses to fully participate in truancy intervention |
6 | | services provided by the comprehensive community based
youth |
7 | | service agency, then the agency shall immediately certify such |
8 | | facts to the office of the regional
superintendent of schools |
9 | | or community truancy review board. |
10 | | (a-1) There is a rebuttable presumption that a chronic |
11 | | truant is a truant
minor in need of supervision. |
12 | | (a-2) There is a rebuttable presumption that school |
13 | | records of a minor's
attendance at school are authentic. |
14 | | (a-3) For purposes of this Section, "chronic truant" has |
15 | | the meaning
ascribed to it in Section 26-2a of the School Code. |
16 | | (a-4) For purposes of this Section, a "community truancy |
17 | | review board" is a local community based board comprised of |
18 | | but not limited to: representatives from local comprehensive |
19 | | community based youth service agencies, representatives from |
20 | | court service agencies, representatives from local schools, |
21 | | representatives from health service agencies, and |
22 | | representatives from local professional and community |
23 | | organizations as deemed appropriate by the office of the |
24 | | regional superintendent of schools. The regional |
25 | | superintendent of schools must approve the establishment and |
26 | | organization of a community truancy review board, and the |
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1 | | regional superintendent of schools or his or her designee |
2 | | shall chair the board. |
3 | | (a-5) Nothing in this Section shall be construed to create |
4 | | a private cause of action or right of recovery against a |
5 | | regional office of education, its superintendent, or its staff |
6 | | with respect to truancy intervention services where the |
7 | | determination to provide the services is made in good faith. |
8 | | (b) Kinds of dispositional orders. A minor found to be a |
9 | | truant minor
in need of supervision may be: |
10 | | (1) committed to the appropriate
regional |
11 | | superintendent of schools for a student assistance team |
12 | | staffing, a service plan, or referral to a comprehensive |
13 | | community based youth service agency; |
14 | | (2) required to comply with a service
plan as |
15 | | specifically provided by the appropriate regional |
16 | | superintendent of
schools; |
17 | | (3) ordered to obtain counseling or other supportive |
18 | | services; |
19 | | (4) (blank); |
20 | | (5) required to perform some reasonable public service |
21 | | work that does not interfere with school hours, |
22 | | school-related activities, or work commitments of the |
23 | | minor or the minor's parent, guardian, or legal custodian |
24 | | such as, but
not limited to, the picking up of litter in |
25 | | public parks or along public
highways or the maintenance |
26 | | of public facilities ; or |
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1 | | (6) (blank). |
2 | | A dispositional order may include public service only if |
3 | | the court has made an
express written finding that a truancy |
4 | | prevention program has been offered by
the school, regional |
5 | | superintendent of schools, or a comprehensive community based |
6 | | youth service
agency to the truant minor in need of |
7 | | supervision. |
8 | | (c) Orders entered under this Section may be enforced by |
9 | | contempt
proceedings.
Fines or assessments, such as fees or |
10 | | administrative costs, shall not be ordered or imposed in |
11 | | contempt proceedings under this Section.
|
12 | | (Source: P.A. 102-456, eff. 1-1-22 .)
|
13 | | (705 ILCS 405/4-14) (from Ch. 37, par. 804-14)
|
14 | | Sec. 4-14. Summons. (1) When a petition is filed, the |
15 | | clerk of the
court shall issue a summons with a copy of the |
16 | | petition attached. The
summons shall be directed to the |
17 | | minor's legal guardian or custodian and to
each person named |
18 | | as a respondent in the petition, except that summons need
not |
19 | | be directed to a minor respondent under 8 years of age for whom |
20 | | the
court appoints a guardian ad litem if the guardian ad litem |
21 | | appears on
behalf of the minor in any proceeding under this |
22 | | Act.
|
23 | | (2) The summons must contain a statement that the minor or |
24 | | any of the
respondents is entitled to have an attorney present |
25 | | at the hearing on the
petition, and that the clerk of the court |
|
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1 | | should be notified promptly if
the minor or any other |
2 | | respondent desires to be represented by an attorney
but is |
3 | | financially unable to employ counsel.
|
4 | | (3) The summons shall be issued under the seal of the |
5 | | court, attested to
and signed with the name of the clerk of the |
6 | | court, dated on the day it is
issued, and shall require each |
7 | | respondent to appear and answer the petition
on the date set |
8 | | for the adjudicatory hearing.
|
9 | | (4) The summons may be served by any county sheriff, |
10 | | coroner or
probation officer, even though the officer is the |
11 | | petitioner. The return of
the summons with endorsement of |
12 | | service by the officer is sufficient proof
thereof.
|
13 | | (5) Service of a summons and petition shall be made by: (a) |
14 | | leaving a
copy thereof with the person summoned at least 3 days |
15 | | before the time
stated therein for appearance; (b) leaving a |
16 | | copy at his usual place
of abode with some person of the |
17 | | family, of the age of 10 years or upwards,
and informing that |
18 | | person of the contents thereof, provided that the officer or
|
19 | | other person making service shall also send a copy of the |
20 | | summons in a
sealed envelope with postage fully prepaid, |
21 | | addressed to the person
summoned at his usual place of abode, |
22 | | at least 3 days before the time
stated therein for appearance; |
23 | | or (c) leaving a copy thereof with the
guardian or custodian of |
24 | | a minor, at least 3 days before the time stated
therein for |
25 | | appearance. If the guardian or custodian is an agency of the
|
26 | | State of Illinois, proper service may be made by leaving a copy |
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1 | | of the
summons and petition with any administrative employee |
2 | | of such agency
designated by such agency to accept service of |
3 | | summons and petitions.
The certificate of the officer or |
4 | | affidavit of the person that he has sent
the copy pursuant to |
5 | | this Section is sufficient proof of service.
|
6 | | (6) When a parent or other person, who has signed a written |
7 | | promise to
appear and bring the minor to court or who has |
8 | | waived or acknowledged service,
fails to appear with the minor |
9 | | on the date set by the court, a bench
warrant may be issued for |
10 | | the parent or other person, the minor, or both.
|
11 | | (7) The appearance of the minor's legal guardian or |
12 | | custodian, or a
person named as a respondent in a petition, in |
13 | | any proceeding under this
Act shall constitute a waiver of |
14 | | service of summons and submission to the
jurisdiction of the |
15 | | court. A copy of the summons and petition shall be
provided to |
16 | | the person at the time of his appearance.
|
17 | | (8) Fines or assessments, such as fees or administrative |
18 | | costs, in the service of process shall not be ordered or |
19 | | imposed on a minor or a minor's parent, guardian, or legal |
20 | | custodian. |
21 | | (Source: P.A. 86-441.)
|
22 | | (705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
|
23 | | Sec. 4-16. Guardian ad litem.
|
24 | | (1) Immediately upon the filing of a
petition alleging |
25 | | that the minor is a person described in Section 4-3 of
this |
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1 | | Act, the court may appoint a guardian ad litem for the minor |
2 | | if:
|
3 | | (a) such petition alleges that the minor is the victim |
4 | | of sexual
abuse or misconduct; or
|
5 | | (b) such petition alleges that charges alleging the |
6 | | commission
of any of the sex offenses defined in Article |
7 | | 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
8 | | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the |
9 | | Criminal
Code of 1961 or the Criminal Code of 2012, have |
10 | | been filed against a defendant in
any court and that such |
11 | | minor is the alleged victim of the acts
of the defendant in |
12 | | the commission of such offense.
|
13 | | Unless the guardian ad litem appointed pursuant to this |
14 | | paragraph
(1) is an attorney at law he shall be represented in |
15 | | the performance
of his duties by counsel.
|
16 | | (2) Before proceeding with the hearing, the court shall
|
17 | | appoint a guardian ad litem for the minor if
|
18 | | (a) no parent, guardian, custodian or relative of the |
19 | | minor appears
at the first or any subsequent hearing of |
20 | | the case;
|
21 | | (b) the petition prays for the appointment of a |
22 | | guardian with power
to consent to adoption; or
|
23 | | (c) the petition for which the minor is before the |
24 | | court resulted
from a report made pursuant to the Abused |
25 | | and Neglected Child Reporting Act.
|
26 | | (3) The court may appoint a guardian ad litem for the minor |
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1 | | whenever
it finds that there may be a conflict of interest |
2 | | between the minor and
his parents or other custodian or that it |
3 | | is otherwise in the minor's
interest to do so.
|
4 | | (4) Unless the guardian ad litem is an attorney, he shall |
5 | | be
represented by counsel.
|
6 | | (5) The reasonable fees of a guardian ad litem appointed |
7 | | under this
Section shall be fixed by the court and charged to |
8 | | the parents of the
minor, to the extent they are able to pay. |
9 | | If the parents are unable to
pay those fees, they shall be paid |
10 | | from the general fund of the county.
|
11 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
12 | | (705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
|
13 | | Sec. 4-18. Continuance under supervision.
|
14 | | (1) The court may enter an
order of continuance under |
15 | | supervision (a) upon an admission or stipulation
by the |
16 | | appropriate respondent or minor respondent of the facts |
17 | | supporting
the petition and before proceeding to findings and |
18 | | adjudication, or after
hearing the evidence at the |
19 | | adjudicatory hearing but before noting in the
minutes of the |
20 | | proceeding a finding of whether or not the minor is an
addict, |
21 | | and (b) in the absence of objection made in open court by the
|
22 | | minor, his parent, guardian, custodian, responsible relative, |
23 | | defense
attorney or the State's Attorney.
|
24 | | (2) If the minor, his parent, guardian, custodian, |
25 | | responsible
relative, defense attorney or State's Attorney, |
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1 | | objects in open court to
any such continuance and insists upon |
2 | | proceeding to findings and
adjudication, the court shall so |
3 | | proceed.
|
4 | | (3) Nothing in this Section limits the power of the court |
5 | | to order a
continuance of the hearing for the production of |
6 | | additional evidence or
for any other proper reason.
|
7 | | (4) When a hearing is continued pursuant to this Section, |
8 | | the court
may permit the minor to remain in his home subject to |
9 | | such conditions
concerning his conduct and supervision as the |
10 | | court may require by order.
|
11 | | (5) If a petition is filed charging a violation of a |
12 | | condition of the
continuance under supervision, the court |
13 | | shall conduct a hearing. If the court
finds that such |
14 | | condition of supervision has not been fulfilled the court may
|
15 | | proceed to findings and adjudication and disposition. The |
16 | | filing of a
petition for violation of a condition of the |
17 | | continuance under supervision
shall toll the period of |
18 | | continuance under supervision until the final
determination of |
19 | | the charge, and the term of the continuance under
supervision |
20 | | shall not run until the hearing and disposition of the |
21 | | petition for
violation; provided where the petition alleges |
22 | | conduct that does not constitute
a criminal offense, the |
23 | | hearing must be held within 15 days of the filing
of the |
24 | | petition unless a delay in such hearing has been occasioned by |
25 | | the
minor, in which case the delay shall continue the tolling |
26 | | of the period
of continuance under supervision for the period |
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1 | | of such delay.
|
2 | | (6) (Blank). The court must impose upon a minor under an |
3 | | order of continuance
under
supervision or an order of |
4 | | disposition under this Article IV, as a condition
of the |
5 | | order, a fee of $25 for each month or partial month of |
6 | | supervision
with
a probation officer. If the court determines |
7 | | the inability of the minor, or
the parent, guardian, or legal |
8 | | custodian of the minor to pay the fee, the
court may impose a |
9 | | lesser fee. The court may not impose the fee on a minor who
is |
10 | | placed in the guardianship or custody of the Department of |
11 | | Children and Family Services under this Act. The fee may be |
12 | | imposed only upon
a minor who is actively supervised by the |
13 | | probation and court services
department. The fee must be |
14 | | collected by the clerk of the circuit court. The
clerk of the |
15 | | circuit court must pay all monies collected from this fee to |
16 | | the
county treasurer for deposit into the probation and court |
17 | | services fund under
Section 15.1 of the Probation and |
18 | | Probation Officers Act.
|
19 | | (Source: P.A. 100-159, eff. 8-18-17.)
|
20 | | (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
|
21 | | Sec. 4-21. Kinds of dispositional orders.
|
22 | | (1) A minor found to be
addicted under Section 4-3 may be |
23 | | (a) committed to the Department of
Children and Family |
24 | | Services, subject to Section 5 of the Children and Family
|
25 | | Services Act; (b) placed
under supervision and released to his |
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1 | | or her parents, guardian or legal
custodian; (c) placed in |
2 | | accordance with Section 4-25 with or without also
being placed |
3 | | under supervision. Conditions of supervision may be modified
|
4 | | or terminated by the court if it deems that the best interests |
5 | | of the minor and
the public will be served thereby; (d)
|
6 | | required to attend an approved alcohol or drug abuse treatment |
7 | | or counseling
program
on an inpatient or outpatient basis |
8 | | instead
of or in addition to the disposition otherwise |
9 | | provided for in this
paragraph; (e) ordered partially or |
10 | | completely emancipated in accordance
with the provisions of |
11 | | the Emancipation of Minors Act; or (f)
subject to having his or |
12 | | her driver's license or driving privilege
suspended for such |
13 | | time as determined by the Court but only until he or she
|
14 | | attains 18 years of age. No disposition
under this subsection |
15 | | shall provide for the minor's placement in a secure
facility.
|
16 | | (2) Any order of disposition may provide for protective |
17 | | supervision
under Section 4-22 and may include an order of |
18 | | protection under Section 4-23.
|
19 | | (3) Unless the order of disposition expressly so provides, |
20 | | it does
not operate to close proceedings on the pending |
21 | | petition, but is subject
to modification until final closing |
22 | | and discharge of the proceedings
under Section 4-29.
|
23 | | (4) In addition to any other order of disposition, the |
24 | | court may
order any minor found to be addicted under this |
25 | | Article as neglected with
respect to his or her own injurious |
26 | | behavior, to
make restitution, in monetary or non-monetary |
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1 | | form, under the terms and
conditions of Section 5-5-6 of the |
2 | | Unified Code of
Corrections, except that the "presentence |
3 | | hearing" referred to therein
shall be the dispositional |
4 | | hearing for purposes of this Section. The parent,
guardian or |
5 | | legal custodian of the minor may pay some or all of such
|
6 | | restitution on the minor's behalf.
|
7 | | (5) Any order for disposition where the minor is placed in
|
8 | | accordance with Section 4-25 shall provide for the parents or |
9 | | guardian of
the estate of such minor to pay to the legal |
10 | | custodian or guardian of the
person of the minor such sums as |
11 | | are determined by the custodian or guardian
of the person of |
12 | | the minor as necessary for the minor's needs. Such payments
|
13 | | may not exceed the maximum amounts provided for by Section 9.1 |
14 | | of the
Children and Family Services Act.
|
15 | | (6) Whenever the order of disposition requires the minor |
16 | | to attend
school or participate in a program of training, the |
17 | | truant officer or
designated school official shall regularly |
18 | | report to the court if the minor
is a chronic or habitual |
19 | | truant under Section 26-2a of the School Code.
|
20 | | (7) (Blank). The court must impose upon a minor under an |
21 | | order of continuance
under supervision or an order of |
22 | | disposition under this Article IV, as a
condition of the |
23 | | order, a fee of $25 for each month or partial month of
|
24 | | supervision with a
probation officer. If the court determines |
25 | | the inability of the minor, or the
parent, guardian, or legal |
26 | | custodian of the minor to pay the fee, the court
may impose a |
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1 | | lesser fee. 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. The fee may be |
4 | | imposed only upon a
minor who is actively supervised by the |
5 | | probation and court services
department. The fee must be |
6 | | collected by the clerk of the circuit court.
The clerk of the |
7 | | circuit court must pay all monies collected from this fee to
|
8 | | the county treasurer for deposit into the probation and court |
9 | | services fund
under
Section 15.1 of the Probation and |
10 | | Probation Officers Act.
|
11 | | (Source: P.A. 100-159, eff. 8-18-17.)
|
12 | | (705 ILCS 405/5-525)
|
13 | | Sec. 5-525. Service.
|
14 | | (1) Service by summons.
|
15 | | (a) Upon the commencement of a delinquency
|
16 | | prosecution, the clerk of the court shall issue a summons |
17 | | with a copy of the
petition attached. The summons shall be |
18 | | directed to the minor's parent,
guardian or legal |
19 | | custodian and to each person named as a respondent in the
|
20 | | petition, except that summons need not be directed (i) to |
21 | | a minor respondent
under 8 years of age for whom the court |
22 | | appoints a guardian ad litem if the
guardian ad litem |
23 | | appears on behalf of the minor in any proceeding under |
24 | | this
Act, or (ii) to a parent who does not reside with the |
25 | | minor, does not make
regular child support payments to the |
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1 | | minor, to the minor's other parent,
or to the minor's |
2 | | legal guardian or custodian pursuant to a support order, |
3 | | and
has not communicated with the minor on a regular |
4 | | basis.
|
5 | | (b) The summons must contain a statement that the |
6 | | minor is entitled to
have an attorney present at the |
7 | | hearing on the petition, and that the clerk of
the court |
8 | | should be notified promptly if the minor desires to be |
9 | | represented by
an attorney but is financially unable to |
10 | | employ counsel.
|
11 | | (c) The summons shall be issued under the seal of the |
12 | | court, attested in
and signed with the name of the clerk of |
13 | | the court, dated on the day it is
issued, and shall require |
14 | | each respondent to appear and answer the petition on
the |
15 | | date set for the adjudicatory hearing.
|
16 | | (d) The summons may be served by any law enforcement |
17 | | officer, coroner or
probation officer, even though the |
18 | | officer is the petitioner. The return of
the summons with |
19 | | endorsement of service by the officer is sufficient proof
|
20 | | of service.
|
21 | | (e) Service of a summons and petition shall be made |
22 | | by: (i) leaving a
copy of the summons and petition with the |
23 | | person summoned at least 3 days
before the time stated in |
24 | | the summons for appearance; (ii) leaving a copy at
his or |
25 | | her usual place of abode with some person of the family, of |
26 | | the age of
10 years or upwards, and informing that person |
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1 | | of the contents of the summons
and petition, provided, the |
2 | | officer or other person making service shall also
send a |
3 | | copy of the summons in a sealed envelope with postage |
4 | | fully prepaid,
addressed to the person summoned at his or |
5 | | her usual place of abode, at least
3 days before the time |
6 | | stated in the summons for appearance; or (iii) leaving
a |
7 | | copy of the summons and petition with the guardian or |
8 | | custodian of a minor,
at least 3 days before the time |
9 | | stated in the summons for appearance. If the
guardian or |
10 | | legal custodian is an agency of the State of Illinois, |
11 | | proper
service may be made by leaving a copy of the summons |
12 | | and petition with any
administrative employee of the |
13 | | agency designated by the agency to accept the
service of |
14 | | summons and petitions. The certificate of the officer or |
15 | | affidavit
of the person that he or she has sent the copy |
16 | | pursuant to this Section is
sufficient proof of service.
|
17 | | (f) When a parent or other person, who has signed a |
18 | | written promise to
appear and bring the minor to court or |
19 | | who has waived or acknowledged service,
fails to appear |
20 | | with the minor on the date set by the court, a bench |
21 | | warrant
may be issued for the parent or other person, the |
22 | | minor, or both.
|
23 | | (2) Service by certified mail or publication.
|
24 | | (a) If service on
individuals as provided in |
25 | | subsection (1) is not made on any respondent within
a |
26 | | reasonable time or if it appears that any respondent |
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1 | | resides outside the
State, service may be made by |
2 | | certified mail. In that case the clerk shall
mail the |
3 | | summons and a copy of the petition to that respondent by |
4 | | certified
mail marked for delivery to addressee only. The |
5 | | court shall not proceed with
the adjudicatory hearing |
6 | | until 5 days after the mailing. The regular return
receipt |
7 | | for certified mail is sufficient proof of service.
|
8 | | (b) If service upon individuals as provided in |
9 | | subsection (1) is not made
on any respondents within a |
10 | | reasonable time or if any person is made a
respondent |
11 | | under the designation of "All Whom It May Concern", or if |
12 | | service
cannot be made because the whereabouts of a |
13 | | respondent are unknown, service may
be made by |
14 | | publication. The clerk of the court as soon as possible |
15 | | shall cause
publication to be made once in a newspaper of |
16 | | general circulation in the county
where the action is |
17 | | pending. Service by publication is not required in any
|
18 | | case when the person alleged to have legal custody of the |
19 | | minor has been served
with summons personally or by |
20 | | certified mail, but the court may not enter any
order or |
21 | | judgment
against any person who cannot be served with |
22 | | process other than by publication
unless service by |
23 | | publication is given or unless that person appears. |
24 | | Failure
to provide service by publication to a |
25 | | non-custodial parent whose whereabouts
are unknown shall |
26 | | not deprive the court of jurisdiction to proceed with a |
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1 | | trial
or a plea of delinquency by the minor. When a minor |
2 | | has been detained or
sheltered under Section 5-501 of this |
3 | | Act and summons has not been served
personally or by |
4 | | certified mail within 20 days from the date of the order of
|
5 | | court directing such detention or shelter care, the clerk |
6 | | of the court shall
cause publication. Service by |
7 | | publication shall be substantially as follows:
|
8 | | "A, B, C, D, (here giving the names of the named |
9 | | respondents, if any) and
to All Whom It May Concern (if |
10 | | there is any respondent under that designation):
|
11 | | Take notice that on (insert date) a
petition was |
12 | | filed under the Juvenile Court Act of 1987 by .... in |
13 | | the circuit
court of .... county entitled 'In the |
14 | | interest of ...., a minor', and that in
.... courtroom |
15 | | at .... on (insert date) at the
hour of ...., or as |
16 | | soon thereafter as this cause may be heard, an |
17 | | adjudicatory
hearing will be held upon the petition to |
18 | | have the child declared to be a ward
of the court under |
19 | | that Act. The court has authority in this proceeding |
20 | | to
take from you the custody and guardianship of the |
21 | | minor.
|
22 | | Now, unless you appear at the hearing and show |
23 | | cause against the
petition, the allegations of the |
24 | | petition may stand admitted as against
you and each of |
25 | | you, and an order or judgment entered.
|
26 | | ........................................
|
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1 | | Clerk
|
2 | | Dated (insert the date of publication)"
|
3 | | (c) The clerk shall also at the time of the |
4 | | publication of the notice send
a copy of the notice by mail |
5 | | to each of the respondents on account of whom
publication |
6 | | is made at his or her last known address. The certificate |
7 | | of the
clerk that he or she has mailed the notice is |
8 | | evidence of that mailing. No
other publication notice is |
9 | | required. Every respondent notified by publication
under |
10 | | this Section must appear and answer in open court at the |
11 | | hearing. The
court may not proceed with the adjudicatory |
12 | | hearing until 10 days after service
by publication on any |
13 | | custodial parent, guardian or legal custodian of a minor
|
14 | | alleged to be delinquent.
|
15 | | (d) If it becomes necessary to change the date set for |
16 | | the hearing in
order to comply with this Section, notice |
17 | | of the resetting of the date must be
given, by certified |
18 | | mail or other reasonable means, to each respondent who has
|
19 | | been served with summons personally or by certified mail.
|
20 | | (3) Once jurisdiction has been established over a party, |
21 | | further service
is not required and notice of any subsequent |
22 | | proceedings in that prosecution
shall be made in accordance |
23 | | with provisions of Section 5-530.
|
24 | | (4) The appearance of the minor's parent, guardian or |
25 | | legal custodian, or
a person named as a respondent in a |
26 | | petition, in any proceeding under this Act
shall constitute a |
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1 | | waiver of service and submission to the jurisdiction of the
|
2 | | court. A copy of the petition shall be provided to the person |
3 | | at the time of
his or her appearance.
|
4 | | (5) Fines or assessments, such as fees or administrative |
5 | | costs in the service of process, shall not be ordered or |
6 | | imposed on a minor or a minor's parent, guardian, or legal |
7 | | custodian. |
8 | | (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
|
9 | | (705 ILCS 405/5-610)
|
10 | | Sec. 5-610. Guardian ad litem and appointment of attorney.
|
11 | | (1) The court may appoint a guardian ad litem for the minor |
12 | | whenever it
finds that there may be a conflict of interest |
13 | | between the minor and his
or her parent, guardian or legal |
14 | | custodian or that it is otherwise in the
minor's interest to do |
15 | | so.
|
16 | | (2) Unless the guardian ad litem is an attorney, he or she |
17 | | shall be
represented
by counsel.
|
18 | | (3) The reasonable fees of a guardian ad litem appointed |
19 | | under this
Section shall be fixed by the court and charged to |
20 | | the parents of the minor, to
the extent they are able to pay. |
21 | | If the parents are unable to pay those fees,
they shall be paid |
22 | | from the general fund of the
county.
|
23 | | (4) If, during the court proceedings, the parents, |
24 | | guardian, or legal
custodian prove that he or she has an actual |
25 | | conflict of interest with the
minor in that delinquency |
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1 | | proceeding and that the parents, guardian, or legal
custodian |
2 | | are indigent, the court shall appoint a separate attorney for |
3 | | that
parent, guardian, or legal custodian.
|
4 | | (5) A guardian ad litem appointed under this Section for a |
5 | | minor who is in the custody or guardianship of the Department |
6 | | of Children and Family Services or who has an open intact |
7 | | family services case with the Department of Children and |
8 | | Family Services is entitled to receive copies of any and all |
9 | | classified reports of child abuse or neglect made pursuant to |
10 | | the Abused and Neglected Child Reporting Act in which the |
11 | | minor, who is the subject of the report under the Abused and |
12 | | Neglected Child Reporting Act, is also a minor for whom the |
13 | | guardian ad litem is appointed under this Act. The Department |
14 | | of Children and Family Services' obligation under this |
15 | | subsection to provide reports to a guardian ad litem for a |
16 | | minor with an open intact family services case applies only if |
17 | | the guardian ad litem notified the Department in writing of |
18 | | the representation. |
19 | | (Source: P.A. 100-158, eff. 1-1-18 .)
|
20 | | (705 ILCS 405/5-615)
|
21 | | Sec. 5-615. Continuance under supervision.
|
22 | | (1) The court may enter an order of continuance under |
23 | | supervision for an
offense other than first degree murder, a |
24 | | Class X felony or a forcible felony: |
25 | | (a) upon an admission or stipulation by the |
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1 | | appropriate respondent or minor
respondent of the facts |
2 | | supporting the
petition and before the court makes a |
3 | | finding of delinquency, and in the absence of objection |
4 | | made in open court by the
minor, his or her parent, |
5 | | guardian, or legal custodian, the minor's attorney or
the
|
6 | | State's Attorney; or
|
7 | | (b) upon a finding of delinquency and after |
8 | | considering the circumstances of the offense and the |
9 | | history, character, and condition of the minor, if the |
10 | | court is of the opinion that: |
11 | | (i) the minor is not likely to commit further |
12 | | crimes; |
13 | | (ii) the minor and the public would be best served |
14 | | if the minor were not to receive a criminal record; and |
15 | | (iii) in the best interests of justice an order of |
16 | | continuance under supervision is more appropriate than |
17 | | a sentence otherwise permitted under this Act. |
18 | | (2) (Blank).
|
19 | | (3) Nothing in this Section limits the power of the court |
20 | | to order a
continuance of the hearing for the production of |
21 | | additional evidence or for any
other proper reason.
|
22 | | (4) When a hearing where a minor is alleged to be a |
23 | | delinquent is
continued
pursuant to this Section, the period |
24 | | of continuance under supervision may not
exceed 24 months. The |
25 | | court may terminate a continuance under supervision at
any |
26 | | time if warranted by the conduct of the minor and the ends of |
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1 | | justice or vacate the finding of delinquency or both.
|
2 | | (5) When a hearing where a minor is alleged to be |
3 | | delinquent is continued
pursuant to this Section, the court |
4 | | may, as conditions of the continuance under
supervision, |
5 | | require the minor to do any of the following:
|
6 | | (a) not violate any criminal statute of any |
7 | | jurisdiction;
|
8 | | (b) make a report to and appear in person before any |
9 | | person or agency as
directed by the court;
|
10 | | (c) work or pursue a course of study or vocational |
11 | | training;
|
12 | | (d) undergo medical or psychotherapeutic treatment |
13 | | rendered by a therapist
licensed under the provisions of |
14 | | the Medical Practice Act of 1987, the
Clinical |
15 | | Psychologist Licensing Act, or the Clinical Social Work |
16 | | and Social
Work Practice Act, or an entity licensed by the |
17 | | Department of Human Services as
a successor to the |
18 | | Department of Alcoholism and Substance Abuse, for the
|
19 | | provision of substance use disorder services as defined in |
20 | | Section 1-10 of the Substance Use Disorder Act;
|
21 | | (e) attend or reside in a facility established for the |
22 | | instruction or
residence of persons on probation;
|
23 | | (f) support his or her dependents, if any;
|
24 | | (g) (blank); pay costs;
|
25 | | (h) refrain from possessing a firearm or other |
26 | | dangerous weapon, or an
automobile;
|
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1 | | (i) permit the probation officer to visit him or her |
2 | | at his or her home or
elsewhere;
|
3 | | (j) reside with his or her parents or in a foster home;
|
4 | | (k) attend school;
|
5 | | (k-5) with the consent of the superintendent
of the
|
6 | | facility, attend an educational program at a facility |
7 | | other than the school
in which the
offense was committed |
8 | | if he
or she committed a crime of violence as
defined in
|
9 | | Section 2 of the Crime Victims Compensation Act in a |
10 | | school, on the
real
property
comprising a school, or |
11 | | within 1,000 feet of the real property comprising a
|
12 | | school;
|
13 | | (l) attend a non-residential program for youth;
|
14 | | (m) provide nonfinancial contributions contribute to |
15 | | his or her own support at home or in a foster home;
|
16 | | (n) perform some reasonable public or community |
17 | | service 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 | | (o) make restitution to the victim, in the same manner |
21 | | and under the same
conditions as provided in subsection |
22 | | (4) of Section 5-710, except that the
"sentencing hearing" |
23 | | referred
to in that Section shall be the adjudicatory |
24 | | hearing for purposes of this
Section;
|
25 | | (p) comply with curfew requirements as designated by |
26 | | the court;
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1 | | (q) 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;
|
6 | | (r) refrain from having any contact, directly or |
7 | | indirectly, with certain
specified persons or particular |
8 | | types of persons, including but not limited to
members of |
9 | | street gangs and drug users or dealers;
|
10 | | (r-5) undergo a medical or other procedure to have a |
11 | | tattoo symbolizing
allegiance to a street gang removed |
12 | | from his or her body;
|
13 | | (s) refrain from having in his or her body the |
14 | | presence of any illicit
drug
prohibited by the Cannabis |
15 | | Control Act, the Illinois Controlled Substances
Act, or |
16 | | the Methamphetamine Control and Community Protection Act, |
17 | | unless prescribed by a physician, and submit samples of |
18 | | his or her blood
or urine or both for tests to determine |
19 | | the presence of any illicit drug; or
|
20 | | (t) comply with any other conditions as may be ordered |
21 | | by the court.
|
22 | | (6) A minor whose case is continued under supervision |
23 | | under subsection (5)
shall be given a certificate setting |
24 | | forth the conditions imposed by the court.
Those conditions |
25 | | may be reduced, enlarged, or modified by the court on motion
of |
26 | | the probation officer or on its own motion, or that of the |
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1 | | State's Attorney,
or, at the request of the minor after notice |
2 | | and hearing.
|
3 | | (7) If a petition is filed charging a violation of a |
4 | | condition of the
continuance under supervision, the court |
5 | | shall conduct a hearing. If the court
finds that a condition of |
6 | | supervision has not been fulfilled, the court may
proceed to |
7 | | findings, adjudication, and disposition or adjudication and |
8 | | disposition. The filing of a petition
for violation of a |
9 | | condition of the continuance under supervision shall toll
the |
10 | | period of continuance under supervision until the final |
11 | | determination of
the charge, and the term of the continuance |
12 | | under supervision shall not run
until the hearing and |
13 | | disposition of the petition for violation; provided
where the |
14 | | petition alleges conduct that does not constitute a criminal |
15 | | offense,
the hearing must be held within 30 days of the filing |
16 | | of the petition unless a
delay shall continue the tolling of |
17 | | the period of continuance under supervision
for the period of
|
18 | | the delay.
|
19 | | (8) When a hearing in which a minor is alleged to be a |
20 | | delinquent for
reasons that include a violation of Section |
21 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
22 | | 2012
is continued under this Section, the court shall, as a |
23 | | condition of the
continuance under supervision, require the |
24 | | minor to perform community service
for not less than 30 and not |
25 | | more than 120 hours, if community service is
available in the |
26 | | jurisdiction. The community service shall include, but need
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1 | | not be limited to, the cleanup and repair of the damage that |
2 | | was caused by the
alleged violation or similar damage to |
3 | | property located in the municipality or
county in which the |
4 | | alleged violation occurred. The condition may be in
addition |
5 | | to any other condition. Community service shall not interfere |
6 | | with the school hours, school-related activities, or work |
7 | | commitments of the minor or the minor's parent, guardian, or |
8 | | legal custodian.
|
9 | | (8.5) When a hearing in which a minor is alleged to be a |
10 | | delinquent for
reasons
that include a violation of Section |
11 | | 3.02 or Section 3.03 of the Humane Care for
Animals Act or |
12 | | paragraph (d) of subsection (1)
of Section
21-1 of the |
13 | | Criminal Code of 1961 or paragraph (4) of subsection (a) of |
14 | | Section 21-1 or the Criminal Code of 2012 is continued under |
15 | | this Section, the court
shall, as a
condition of the |
16 | | continuance under supervision, require the minor to undergo
|
17 | | medical or
psychiatric treatment rendered by a psychiatrist or |
18 | | psychological treatment
rendered by a
clinical psychologist. |
19 | | The condition may be in addition to any other
condition.
|
20 | | (9) When a hearing in which a minor is alleged to be a |
21 | | delinquent is
continued under this Section, the court, before |
22 | | continuing the case, shall make
a finding whether the offense |
23 | | alleged to have been committed either: (i) was
related to or in |
24 | | furtherance of the activities of an organized gang or was
|
25 | | motivated by the minor's membership in or allegiance to an |
26 | | organized gang, or
(ii) is a violation of paragraph (13) of |
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1 | | subsection (a) of Section 12-2 or paragraph (2) of subsection |
2 | | (c) of Section 12-2 of the
Criminal Code of 1961 or the |
3 | | Criminal Code of 2012, a violation of any Section of Article 24 |
4 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a |
5 | | violation of any statute that involved the unlawful
use of a |
6 | | firearm. If the court determines the question in the |
7 | | affirmative the
court shall, as a condition of the continuance |
8 | | under supervision and as part of
or in addition to any other |
9 | | condition of the supervision,
require the minor to perform |
10 | | community service for not less than 30 hours,
provided that |
11 | | community service is available in the
jurisdiction and is |
12 | | funded and approved by the county board of the county where
the |
13 | | offense was committed. The community service shall include, |
14 | | but need not
be limited to, the cleanup and repair of any |
15 | | damage caused by an alleged
violation of Section 21-1.3 of the |
16 | | Criminal Code of 1961 or the Criminal Code of 2012 and similar |
17 | | damage to
property located in the municipality or county in |
18 | | which the alleged violation
occurred. When possible and |
19 | | reasonable, the community service shall be
performed in the |
20 | | minor's neighborhood. For the purposes of this Section,
|
21 | | "organized gang" has the meaning ascribed to it in Section 10 |
22 | | of the Illinois
Streetgang Terrorism Omnibus Prevention Act. |
23 | | Community service shall not interfere with the school hours, |
24 | | school-related activities, or work commitments of the minor or |
25 | | the minor's parent, guardian, or legal custodian.
|
26 | | (10) (Blank). The court shall impose upon a minor placed |
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1 | | on supervision, as a
condition of the supervision, a fee of $50 |
2 | | for each month of supervision
ordered by the court, unless |
3 | | after determining the inability of the minor
placed on |
4 | | supervision to pay the fee, the court assesses a lesser |
5 | | amount. The
court may not impose the fee on a minor who is |
6 | | placed in the guardianship or custody of the Department of |
7 | | Children and Family Services under
this Act while the minor is |
8 | | in placement. The fee shall be imposed only upon a
minor who is |
9 | | actively supervised by the probation and court services
|
10 | | department. A court may order the parent, guardian, or legal |
11 | | custodian of the
minor to pay some or all of the fee on the |
12 | | minor's behalf.
|
13 | | (11) (Blank).
|
14 | | (12) Fines and assessments, including any fee or |
15 | | administrative cost authorized under Section 5-4.5-105, |
16 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
17 | | Unified Code of Corrections, shall not be ordered or imposed |
18 | | on a minor or the minor's parent, guardian, or legal custodian |
19 | | as a condition of continuance under supervision. If the minor |
20 | | or the minor's parent, guardian, or legal custodian is unable |
21 | | to cover the cost of a condition under this subsection, the |
22 | | court shall not preclude the minor from receiving continuance |
23 | | under supervision based on the inability to pay. Inability to |
24 | | pay shall not be grounds to object to the minor's placement on |
25 | | a continuance under supervision. |
26 | | (Source: P.A. 100-159, eff. 8-18-17; 100-759, eff. 1-1-19; |
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1 | | 101-2, eff. 7-1-19 .)
|
2 | | (705 ILCS 405/5-710)
|
3 | | Sec. 5-710. Kinds of sentencing orders.
|
4 | | (1) The following kinds of sentencing orders may be made |
5 | | in respect of
wards of the court:
|
6 | | (a) Except as provided in Sections 5-805, 5-810, and |
7 | | 5-815, a minor who is
found
guilty under Section 5-620 may |
8 | | be:
|
9 | | (i) put on probation or conditional discharge and |
10 | | released to his or her
parents, guardian or legal |
11 | | custodian, provided, however, that any such minor
who |
12 | | is not committed to the Department of Juvenile Justice |
13 | | under
this subsection and who is found to be a |
14 | | delinquent for an offense which is
first degree |
15 | | murder, a Class X felony, or a forcible felony shall be |
16 | | placed on
probation;
|
17 | | (ii) placed in accordance with Section 5-740, with |
18 | | or without also being
put on probation or conditional |
19 | | discharge;
|
20 | | (iii) required to undergo a substance abuse |
21 | | assessment conducted by a
licensed provider and |
22 | | participate in the indicated clinical level of care;
|
23 | | (iv) on and after January 1, 2015 (the effective |
24 | | date of Public Act 98-803) and before January 1, 2017, |
25 | | placed in the guardianship of the Department of |
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1 | | Children and Family
Services, but only if the |
2 | | delinquent minor is under 16 years of age or, pursuant |
3 | | to Article II of this Act, a minor under the age of 18 |
4 | | for whom an independent basis of abuse, neglect, or |
5 | | dependency exists. On and after January 1, 2017, |
6 | | placed in the guardianship of the Department of |
7 | | Children and Family
Services, but only if the |
8 | | delinquent minor is under 15 years of age or, pursuant |
9 | | to Article II of this Act, a minor for whom an |
10 | | independent basis of abuse, neglect, or dependency |
11 | | exists. An independent basis exists when the |
12 | | allegations or adjudication of abuse, neglect, or |
13 | | dependency do not arise from the same facts, incident, |
14 | | or circumstances which give rise to a charge or |
15 | | adjudication of delinquency;
|
16 | | (v) placed in detention for a period not to exceed |
17 | | 30 days, either as
the
exclusive order of disposition |
18 | | or, where appropriate, in conjunction with any
other |
19 | | order of disposition issued under this paragraph, |
20 | | provided that any such
detention shall be in a |
21 | | juvenile detention home and the minor so detained |
22 | | shall
be 10 years of age or older. However, the 30-day |
23 | | limitation may be extended by
further order of the |
24 | | court for a minor under age 15 committed to the |
25 | | Department
of Children and Family Services if the |
26 | | court finds that the minor is a danger
to himself or |
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1 | | others. The minor shall be given credit on the |
2 | | sentencing order
of detention for time spent in |
3 | | detention under Sections 5-501, 5-601, 5-710, or
5-720 |
4 | | of this
Article as a result of the offense for which |
5 | | the sentencing order was imposed.
The court may grant |
6 | | credit on a sentencing order of detention entered |
7 | | under a
violation of probation or violation of |
8 | | conditional discharge under Section
5-720 of this |
9 | | Article for time spent in detention before the filing |
10 | | of the
petition
alleging the violation. A minor shall |
11 | | not be deprived of credit for time spent
in detention |
12 | | before the filing of a violation of probation or |
13 | | conditional
discharge alleging the same or related act |
14 | | or acts. The limitation that the minor shall only be |
15 | | placed in a juvenile detention home does not apply as |
16 | | follows: |
17 | | Persons 18 years of age and older who have a |
18 | | petition of delinquency filed against them may be |
19 | | confined in an adult detention facility. In making a |
20 | | determination whether to confine a person 18 years of |
21 | | age or older who has a petition of delinquency filed |
22 | | against the person, these factors, among other |
23 | | matters, shall be considered: |
24 | | (A) the age of the person; |
25 | | (B) any previous delinquent or criminal |
26 | | history of the person; |
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1 | | (C) any previous abuse or neglect history of |
2 | | the person; |
3 | | (D) any mental health history of the person; |
4 | | and |
5 | | (E) any educational history of the person;
|
6 | | (vi) ordered partially or completely emancipated |
7 | | in accordance with the
provisions of the Emancipation |
8 | | of Minors Act;
|
9 | | (vii) subject to having his or her driver's |
10 | | license or driving
privileges
suspended for such time |
11 | | as determined by the court but only until he or she
|
12 | | attains 18 years of age;
|
13 | | (viii) put on probation or conditional discharge |
14 | | and placed in detention
under Section 3-6039 of the |
15 | | Counties Code for a period not to exceed the period
of |
16 | | incarceration permitted by law for adults found guilty |
17 | | of the same offense
or offenses for which the minor was |
18 | | adjudicated delinquent, and in any event no
longer |
19 | | than upon attainment of age 21; this subdivision |
20 | | (viii) notwithstanding
any contrary provision of the |
21 | | law;
|
22 | | (ix) ordered to undergo a medical or other |
23 | | procedure to have a tattoo
symbolizing allegiance to a |
24 | | street gang removed from his or her body; or |
25 | | (x) placed in electronic monitoring or home |
26 | | detention under Part 7A of this Article.
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1 | | (b) A minor found to be guilty may be committed to the |
2 | | Department of
Juvenile Justice under Section 5-750 if the |
3 | | minor is at least 13 years and under 20 years of age,
|
4 | | provided that the commitment to the Department of Juvenile |
5 | | Justice shall be made only if the minor was found guilty of |
6 | | a felony offense or first degree murder. The court shall |
7 | | include in the sentencing order any pre-custody credits |
8 | | the minor is entitled to under Section 5-4.5-100 of the |
9 | | Unified Code of Corrections. The time during which a minor |
10 | | is in custody before being released
upon the request of a |
11 | | parent, guardian or legal custodian shall also be |
12 | | considered
as time spent in custody.
|
13 | | (c) When a minor is found to be guilty for an offense |
14 | | which is a violation
of the Illinois Controlled Substances |
15 | | Act, the Cannabis Control Act, or the Methamphetamine |
16 | | Control and Community Protection Act and made
a ward of |
17 | | the court, the court may enter a disposition order |
18 | | requiring the
minor to undergo assessment,
counseling or |
19 | | treatment in a substance use disorder treatment program |
20 | | approved by the Department
of Human Services.
|
21 | | (2) Any sentencing order other than commitment to the |
22 | | Department of
Juvenile Justice may provide for protective |
23 | | supervision under
Section 5-725 and may include an order of |
24 | | protection under Section 5-730.
|
25 | | (3) Unless the sentencing order expressly so provides, it |
26 | | does not operate
to close proceedings on the pending petition, |
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1 | | but is subject to modification
until final closing and |
2 | | discharge of the proceedings under Section 5-750.
|
3 | | (4) In addition to any other sentence, the court may order |
4 | | any
minor
found to be delinquent to make restitution, in |
5 | | monetary or non-monetary form,
under the terms and conditions |
6 | | of Section 5-5-6 of the Unified Code of
Corrections, except |
7 | | that the "presentencing hearing" referred to in that
Section
|
8 | | shall be
the sentencing hearing for purposes of this Section. |
9 | | The parent, guardian or
legal custodian of the minor may be |
10 | | ordered by the court to pay some or all of
the restitution on |
11 | | the minor's behalf, pursuant to the Parental Responsibility
|
12 | | Law. The State's Attorney is authorized to act
on behalf of any |
13 | | victim in seeking restitution in proceedings under this
|
14 | | Section, up to the maximum amount allowed in Section 5 of the |
15 | | Parental
Responsibility Law.
|
16 | | (5) Any sentencing order where the minor is committed or |
17 | | placed in
accordance
with Section 5-740 shall provide for the |
18 | | parents or guardian of the estate of
the minor to pay to the |
19 | | legal custodian or guardian of the person of the minor
such |
20 | | sums as are determined by the custodian or guardian of the |
21 | | person of the
minor as necessary for the minor's needs. The |
22 | | payments may not exceed the
maximum amounts provided for by |
23 | | Section 9.1 of the Children and Family Services
Act.
|
24 | | (6) Whenever the sentencing order requires the minor to |
25 | | attend school or
participate in a program of training, the |
26 | | truant officer or designated school
official shall regularly |
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1 | | report to the court if the minor is a chronic or
habitual |
2 | | truant under Section 26-2a of the School Code. Notwithstanding |
3 | | any other provision of this Act, in instances in which |
4 | | educational services are to be provided to a minor in a |
5 | | residential facility where the minor has been placed by the |
6 | | court, costs incurred in the provision of those educational |
7 | | services must be allocated based on the requirements of the |
8 | | School Code.
|
9 | | (7) In no event shall a guilty minor be committed to the |
10 | | Department of
Juvenile Justice for a period of time in
excess |
11 | | of
that period for which an adult could be committed for the |
12 | | same act. The court shall include in the sentencing order a |
13 | | limitation on the period of confinement not to exceed the |
14 | | maximum period of imprisonment the court could impose under |
15 | | Chapter V of the Unified Code of Corrections.
|
16 | | (7.5) In no event shall a guilty minor be committed to the |
17 | | Department of Juvenile Justice or placed in detention when the |
18 | | act for which the minor was adjudicated delinquent would not |
19 | | be illegal if committed by an adult. |
20 | | (7.6) In no event shall a guilty minor be committed to the |
21 | | Department of Juvenile Justice for an offense which is a Class |
22 | | 4 felony under Section 19-4 (criminal trespass to a |
23 | | residence), 21-1 (criminal damage to property), 21-1.01 |
24 | | (criminal damage to government supported property), 21-1.3 |
25 | | (criminal defacement of property), 26-1 (disorderly conduct), |
26 | | or 31-4 (obstructing justice) of the Criminal Code of 2012. |
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1 | | (7.75) In no event shall a guilty minor be committed to the |
2 | | Department of Juvenile Justice for an offense that is a Class 3 |
3 | | or Class 4 felony violation of the Illinois Controlled |
4 | | Substances Act unless the commitment occurs upon a third or |
5 | | subsequent judicial finding of a violation of probation for |
6 | | substantial noncompliance with court-ordered treatment or |
7 | | programming. |
8 | | (8) A minor found to be guilty for reasons that include a |
9 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012 shall be ordered to perform
community |
11 | | service for not less than 30 and not more than 120 hours, if
|
12 | | community service is available in the jurisdiction. The |
13 | | community service
shall include, but need not be limited to, |
14 | | the cleanup and repair of the damage
that was caused by the |
15 | | violation or similar damage to property located in the
|
16 | | municipality or county in which the violation occurred. The |
17 | | order may be in
addition to any other order authorized by this |
18 | | Section. Community service shall not interfere with the school |
19 | | hours, school-related activities, or work commitments of the |
20 | | minor or the minor's parent, guardian, or legal custodian.
|
21 | | (8.5) A minor found to be guilty for reasons that include a |
22 | | violation of
Section
3.02 or Section 3.03 of the Humane Care |
23 | | for Animals Act or paragraph (d) of
subsection (1) of
Section |
24 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of |
25 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 |
26 | | shall be ordered to undergo medical or psychiatric treatment |
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1 | | rendered by
a
psychiatrist or psychological treatment rendered |
2 | | by a clinical psychologist.
The order
may be in addition to any |
3 | | other order authorized by this Section.
|
4 | | (9) In addition to any other sentencing order, the court |
5 | | shall order any
minor found
to be guilty for an act which would |
6 | | constitute, predatory criminal sexual
assault of a child, |
7 | | aggravated criminal sexual assault, criminal sexual
assault, |
8 | | aggravated criminal sexual abuse, or criminal sexual abuse if
|
9 | | committed by an
adult to undergo medical testing to determine |
10 | | whether the defendant has any
sexually transmissible disease |
11 | | including a test for infection with human
immunodeficiency |
12 | | virus (HIV) or any other identified causative agency of
|
13 | | acquired immunodeficiency syndrome (AIDS). Any medical test |
14 | | shall be performed
only by appropriately licensed medical |
15 | | practitioners and may include an
analysis of any bodily fluids |
16 | | as well as an examination of the minor's person.
Except as |
17 | | otherwise provided by law, the results of the test shall be |
18 | | kept
strictly confidential by all medical personnel involved |
19 | | in the testing and must
be personally delivered in a sealed |
20 | | envelope to the judge of the court in which
the sentencing |
21 | | order was entered for the judge's inspection in camera. Acting
|
22 | | in accordance with the best interests of the victim and the |
23 | | public, the judge
shall have the discretion to determine to |
24 | | whom the results of the testing may
be revealed. The court |
25 | | shall notify the minor of the results of the test for
infection |
26 | | with the human immunodeficiency virus (HIV). The court shall |
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1 | | also
notify the victim if requested by the victim, and if the |
2 | | victim is under the
age of 15 and if requested by the victim's |
3 | | parents or legal guardian, the court
shall notify the victim's |
4 | | parents or the legal guardian, of the results of the
test for |
5 | | infection with the human immunodeficiency virus (HIV). The |
6 | | court
shall provide information on the availability of HIV |
7 | | testing and counseling at
the Department of Public Health |
8 | | facilities to all parties to whom the
results of the testing |
9 | | are revealed. The court shall order that the cost of
any test |
10 | | shall be paid by the county and may be taxed as costs against |
11 | | the
minor .
|
12 | | (10) When a court finds a minor to be guilty the court |
13 | | shall, before
entering a sentencing order under this Section, |
14 | | make a finding whether the
offense committed either: (a) was |
15 | | related to or in furtherance of the criminal
activities of an |
16 | | organized gang or was motivated by the minor's membership in
|
17 | | or allegiance to an organized gang, or (b) involved a |
18 | | violation of
subsection (a) of Section 12-7.1 of the Criminal |
19 | | Code of 1961 or the Criminal Code of 2012, a violation of
any
|
20 | | Section of Article 24 of the Criminal Code of 1961 or the |
21 | | Criminal Code of 2012, or a violation of any
statute that |
22 | | involved the wrongful use of a firearm. If the court |
23 | | determines
the question in the affirmative,
and the court does |
24 | | not commit the minor to the Department of Juvenile Justice, |
25 | | the court shall order the minor to perform community service
|
26 | | for not less than 30 hours nor more than 120 hours, provided |
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1 | | that community
service is available in the jurisdiction and is |
2 | | funded and approved by the
county board of the county where the |
3 | | offense was committed. The community
service shall include, |
4 | | but need not be limited to, the cleanup and repair of
any |
5 | | damage caused by a violation of Section 21-1.3 of the Criminal |
6 | | Code of 1961 or the Criminal Code of 2012
and similar damage to |
7 | | property located in the municipality or county in which
the |
8 | | violation occurred. When possible and reasonable, the |
9 | | community service
shall be performed in the minor's |
10 | | neighborhood. This order shall be in
addition to any other |
11 | | order authorized by this Section
except for an order to place |
12 | | the minor in the custody of the Department of
Juvenile |
13 | | Justice. Community service shall not interfere with the school |
14 | | hours, school-related activities, or work commitments of the |
15 | | minor or the minor's parent, guardian, or legal custodian. For |
16 | | the purposes of this Section, "organized
gang" has the meaning |
17 | | ascribed to it in Section 10 of the Illinois Streetgang
|
18 | | Terrorism Omnibus Prevention Act.
|
19 | | (11) If the court determines that the offense was |
20 | | committed in furtherance of the criminal activities of an |
21 | | organized gang, as provided in subsection (10), and that the |
22 | | offense involved the operation or use of a motor vehicle or the |
23 | | use of a driver's license or permit, the court shall notify the |
24 | | Secretary of State of that determination and of the period for |
25 | | which the minor shall be denied driving privileges. If, at the |
26 | | time of the determination, the minor does not hold a driver's |
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1 | | license or permit, the court shall provide that the minor |
2 | | shall not be issued a driver's license or permit until his or |
3 | | her 18th birthday. If the minor holds a driver's license or |
4 | | permit at the time of the determination, the court shall |
5 | | provide that the minor's driver's license or permit shall be |
6 | | revoked until his or her 21st birthday, or until a later date |
7 | | or occurrence determined by the court. If the minor holds a |
8 | | driver's license at the time of the determination, the court |
9 | | may direct the Secretary of State to issue the minor a judicial |
10 | | driving permit, also known as a JDP. The JDP shall be subject |
11 | | to the same terms as a JDP issued under Section 6-206.1 of the |
12 | | Illinois Vehicle Code, except that the court may direct that |
13 | | the JDP be effective immediately.
|
14 | | (12) (Blank).
|
15 | | (13) Fines and assessments, including any fee or |
16 | | administrative cost authorized under Section 5-4.5-105, |
17 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
18 | | Unified Code of Corrections, relating to any sentencing order |
19 | | shall not be ordered or imposed on a minor or the minor's |
20 | | parent, guardian, or legal custodian. The inability of a |
21 | | minor, or minor's parent, guardian, or legal custodian, to |
22 | | cover the costs associated with an appropriate sentencing |
23 | | order shall not be the basis for the court to enter a |
24 | | sentencing order incongruent with the court's findings |
25 | | regarding the offense on which the minor was adjudicated or |
26 | | the mitigating factors. |
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1 | | (Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19; |
2 | | 101-159, eff. 1-1-20; 102-558, eff. 8-20-21.) |
3 | | (705 ILCS 405/5-715)
|
4 | | Sec. 5-715. Probation.
|
5 | | (1) The period of probation or conditional discharge shall |
6 | | not exceed 5
years or until the minor has attained the age of |
7 | | 21 years, whichever is less,
except as provided in this |
8 | | Section for a minor who is found to be guilty
for an offense |
9 | | which is first degree murder. The juvenile court may terminate |
10 | | probation or
conditional discharge and discharge the minor at |
11 | | any time if warranted by the
conduct of the minor and the ends |
12 | | of justice; provided, however, that the
period of probation |
13 | | for a minor who is found to be guilty for an offense which
is |
14 | | first degree murder shall be at
least 5 years.
|
15 | | (1.5) The period of probation for a minor who is found |
16 | | guilty of aggravated criminal sexual assault, criminal sexual |
17 | | assault, or aggravated battery with a firearm shall be at |
18 | | least 36 months. The period of probation for a minor who is |
19 | | found to be guilty of any other Class X felony shall be at |
20 | | least 24 months. The period of probation for a Class 1 or Class |
21 | | 2 forcible felony shall be at least 18 months. Regardless of |
22 | | the length of probation ordered by the court, for all offenses |
23 | | under this paragraph (1.5), the court shall schedule hearings |
24 | | to determine whether it is in the best interest of the minor |
25 | | and public safety to terminate probation after the minimum |
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1 | | period of probation has been served. In such a hearing, there |
2 | | shall be a rebuttable presumption that it is in the best |
3 | | interest of the minor and public safety to terminate |
4 | | probation. |
5 | | (2) The court may as a condition of probation or of |
6 | | conditional discharge
require that the minor:
|
7 | | (a) not violate any criminal statute of any |
8 | | jurisdiction;
|
9 | | (b) make a report to and appear in person before any |
10 | | person or agency as
directed by the court;
|
11 | | (c) work or pursue a course of study or vocational |
12 | | training;
|
13 | | (d) undergo medical or psychiatric treatment, rendered |
14 | | by a psychiatrist
or
psychological treatment rendered by a |
15 | | clinical psychologist or social work
services rendered by |
16 | | a clinical social worker, or treatment for drug addiction
|
17 | | or alcoholism;
|
18 | | (e) attend or reside in a facility established for the |
19 | | instruction or
residence of persons on probation;
|
20 | | (f) support his or her dependents, if any;
|
21 | | (g) refrain from possessing a firearm or other |
22 | | dangerous weapon, or an
automobile;
|
23 | | (h) permit the probation officer to visit him or her |
24 | | at his or her home or
elsewhere;
|
25 | | (i) reside with his or her parents or in a foster home;
|
26 | | (j) attend school;
|
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1 | | (j-5) 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 committed |
4 | | if he
or she committed a crime of violence as
defined in
|
5 | | Section 2 of the Crime Victims Compensation Act in a |
6 | | school, on the
real
property
comprising a school, or |
7 | | within 1,000 feet of the real property comprising a
|
8 | | school;
|
9 | | (k) attend a non-residential program for youth;
|
10 | | (l) make restitution under the terms of subsection (4) |
11 | | of Section 5-710;
|
12 | | (m) provide nonfinancial contributions contribute to |
13 | | his or her own support at home or in a foster home;
|
14 | | (n) perform some reasonable public or community |
15 | | service that does not interfere with school hours, |
16 | | school-related activities, or work commitments of the |
17 | | minor or the minor's parent, guardian, or legal custodian ;
|
18 | | (o) participate with community corrections programs |
19 | | including unified
delinquency intervention services |
20 | | administered by the Department of Human
Services
subject |
21 | | to Section 5 of the Children and Family Services Act;
|
22 | | (p) (blank) pay costs ;
|
23 | | (q) serve a term of home confinement. In addition to |
24 | | any other applicable
condition of probation or conditional |
25 | | discharge, the conditions of home
confinement shall be |
26 | | that the minor:
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1 | | (i) remain within the interior premises of the |
2 | | place designated for his
or her confinement during the |
3 | | hours designated by the court;
|
4 | | (ii) admit any person or agent designated by the |
5 | | court into the minor's
place of confinement at any |
6 | | time for purposes of verifying the minor's
compliance |
7 | | with the conditions of his or her confinement; and
|
8 | | (iii) use an approved electronic monitoring device |
9 | | if ordered by the
court subject to Article 8A of |
10 | | Chapter V of the Unified Code of Corrections;
|
11 | | (r) refrain from entering into a designated geographic |
12 | | area except upon
terms as the court finds appropriate. The |
13 | | terms may include consideration of
the purpose of the |
14 | | entry, the time of day, other persons accompanying the
|
15 | | minor, and advance approval by a probation officer, if the |
16 | | minor has been
placed on probation, or advance approval by |
17 | | the court, if the minor has been
placed on conditional |
18 | | discharge;
|
19 | | (s) refrain from having any contact, directly or |
20 | | indirectly, with certain
specified persons or particular |
21 | | types of persons, including but not limited to
members of |
22 | | street gangs and drug users or dealers;
|
23 | | (s-5) undergo a medical or other procedure to have a |
24 | | tattoo symbolizing
allegiance to a street
gang removed |
25 | | from his or her body;
|
26 | | (t) refrain from having in his or her body the |
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1 | | presence of any illicit
drug
prohibited by the Cannabis |
2 | | Control Act, the Illinois Controlled Substances
Act, or |
3 | | the Methamphetamine Control and Community Protection Act, |
4 | | unless prescribed
by a physician, and shall submit samples |
5 | | of his or her blood or urine or both
for tests to determine |
6 | | the presence of any illicit drug; or
|
7 | | (u) comply with other conditions as may be ordered by |
8 | | the court.
|
9 | | (3) The court may as a condition of probation or of |
10 | | conditional discharge
require that a minor found guilty on any |
11 | | alcohol, cannabis, methamphetamine, or
controlled substance |
12 | | violation, refrain from acquiring a driver's license
during |
13 | | the period of probation or conditional discharge. If the minor |
14 | | is in
possession of a permit or license, the court may require |
15 | | that the minor refrain
from driving or operating any motor |
16 | | vehicle during the period of probation or
conditional |
17 | | discharge, except as may be necessary in the course of the |
18 | | minor's
lawful
employment.
|
19 | | (3.5) The court shall, as a condition of probation or of |
20 | | conditional
discharge,
require that a minor found to be guilty |
21 | | and placed on probation for reasons
that include a
violation |
22 | | of Section 3.02 or Section 3.03 of the Humane Care for Animals |
23 | | Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
|
24 | | Criminal Code of 2012 undergo medical or psychiatric treatment |
25 | | rendered by a
psychiatrist or psychological treatment rendered |
26 | | by a clinical psychologist.
The
condition may be in addition |
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1 | | to any other condition.
|
2 | | (3.10) The court shall order that a minor placed on |
3 | | probation or
conditional discharge for a sex offense as |
4 | | defined in the Sex Offender
Management Board Act undergo and |
5 | | successfully complete sex offender treatment.
The treatment |
6 | | shall be in conformance with the standards developed under
the |
7 | | Sex Offender Management Board Act and conducted by a treatment |
8 | | provider
approved by the Board. The treatment shall be at the |
9 | | expense of the person
evaluated based upon that person's |
10 | | ability to pay for the treatment.
|
11 | | (4) A minor on probation or conditional discharge shall be |
12 | | given a
certificate setting forth the conditions upon which he |
13 | | or she is being
released.
|
14 | | (5) (Blank). The court shall impose upon a minor placed on |
15 | | probation or conditional
discharge, as a condition of the |
16 | | probation or conditional discharge, a fee of
$50 for each |
17 | | month of probation or conditional discharge supervision |
18 | | ordered by
the court, unless after determining the inability |
19 | | of the minor placed on
probation or conditional discharge to |
20 | | pay the fee, the court assesses a lesser
amount. The court may |
21 | | not impose the fee on a minor who is placed in the guardianship |
22 | | or custody of the Department of Children and Family Services |
23 | | under this Act while the minor is in placement. The fee shall |
24 | | be
imposed only upon a minor who is actively supervised by the |
25 | | probation and court
services department. The court may order |
26 | | the parent, guardian, or legal
custodian of the minor to pay |
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1 | | some or all of the fee on the minor's behalf.
|
2 | | (5.5) Jurisdiction over an offender may be transferred |
3 | | from the
sentencing court to the court of another circuit with |
4 | | the concurrence
of both courts. Further transfers or |
5 | | retransfers of jurisdiction are
also authorized in the same |
6 | | manner. The court to which jurisdiction has
been transferred |
7 | | shall have the same powers as the sentencing court.
The |
8 | | probation department within the circuit to which jurisdiction |
9 | | has
been transferred, or which has agreed to provide |
10 | | supervision, may
impose probation fees upon receiving the |
11 | | transferred offender, as
provided in subsection (i) of Section |
12 | | 5-6-3 of the Unified Code of Corrections. For all transfer |
13 | | cases, as defined in
Section 9b of the Probation and Probation |
14 | | Officers Act, the probation
department from the original |
15 | | sentencing court shall retain all
probation fees collected |
16 | | prior to the transfer. After the transfer, all
probation fees |
17 | | shall be paid to the probation department within the
circuit |
18 | | to which jurisdiction has been transferred. |
19 | | If the transfer case originated in another state and has |
20 | | been transferred under the Interstate Compact for Juveniles to |
21 | | the jurisdiction of an Illinois circuit court for supervision |
22 | | by an Illinois probation department, probation fees may be |
23 | | imposed only if permitted by the Interstate Commission for |
24 | | Juveniles. |
25 | | (6) The General Assembly finds that in order to protect |
26 | | the public, the
juvenile justice system must compel compliance |
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1 | | with the conditions of probation
by responding to violations |
2 | | with swift, certain, and fair punishments and
intermediate |
3 | | sanctions. The Chief Judge of each circuit shall adopt a |
4 | | system
of structured, intermediate sanctions for violations of |
5 | | the terms and
conditions of a sentence of supervision, |
6 | | probation or conditional discharge,
under this
Act.
|
7 | | The court shall provide as a condition of a disposition of |
8 | | probation,
conditional discharge, or supervision, that the |
9 | | probation agency may invoke any
sanction from the list of |
10 | | intermediate sanctions adopted by the chief judge of
the |
11 | | circuit court for violations of the terms and conditions of |
12 | | the sentence of
probation, conditional discharge, or |
13 | | supervision, subject to the provisions of
Section 5-720 of |
14 | | this Act.
|
15 | | (7) Fines and assessments, including any fee or |
16 | | administrative cost authorized under Section 5-4.5-105, |
17 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
18 | | Unified Code of Corrections, shall not be ordered or imposed |
19 | | on a minor or the minor's parent, guardian, or legal custodian |
20 | | as a condition of probation, conditional discharge, or |
21 | | supervision. If the minor or the minor's parent, guardian, or |
22 | | legal custodian is unable to cover the cost of a condition |
23 | | under this subsection, the court shall not preclude the minor |
24 | | from receiving probation, conditional discharge, or |
25 | | supervision based on the inability to pay. Inability to pay |
26 | | shall not be grounds to object to the minor's placement on |
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1 | | probation, conditional discharge, or supervision. |
2 | | (Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
|
3 | | (705 ILCS 405/5-915)
|
4 | | Sec. 5-915. Expungement of juvenile law enforcement and |
5 | | juvenile court records.
|
6 | | (0.05) (Blank). |
7 | | (0.1) (a) The Illinois State Police and all law |
8 | | enforcement agencies within the State shall automatically |
9 | | expunge, on or before January 1 of each year, except as |
10 | | described in paragraph (c) of subsection (0.1), all juvenile |
11 | | law enforcement records relating to events occurring before an |
12 | | individual's 18th birthday if: |
13 | | (1) one year or more has elapsed since the date of the |
14 | | arrest or law enforcement interaction documented in the |
15 | | records; |
16 | | (2) no petition for delinquency or criminal charges |
17 | | were filed with the clerk of the circuit court relating to |
18 | | the arrest or law enforcement interaction documented in |
19 | | the records; and |
20 | | (3) 6 months have elapsed since the date of the arrest |
21 | | without an additional subsequent arrest or filing of a |
22 | | petition for delinquency or criminal charges whether |
23 | | related or not to the arrest or law enforcement |
24 | | interaction documented in the records. |
25 | | (b) If the law enforcement agency is unable to verify |
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1 | | satisfaction of conditions (2) and (3) of this subsection |
2 | | (0.1), records that satisfy condition (1) of this subsection |
3 | | (0.1) shall be automatically expunged if the records relate to |
4 | | an offense that if committed by an adult would not be an |
5 | | offense classified as a Class 2 felony or higher, an offense |
6 | | under Article 11 of the Criminal Code of 1961 or Criminal Code |
7 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, |
8 | | 12-15, or 12-16 of the Criminal Code of 1961. |
9 | | (c) If the juvenile law enforcement record was received |
10 | | through a public submission to a statewide student |
11 | | confidential reporting system administered by the Illinois |
12 | | State Police, the record will be maintained for a period of 5 |
13 | | years according to all other provisions in subsection (0.1). |
14 | | (0.15) If a juvenile law enforcement record meets |
15 | | paragraph (a) of subsection (0.1) of this Section, a juvenile |
16 | | law enforcement record created: |
17 | | (1) prior to January 1, 2018, but on or after January |
18 | | 1, 2013 shall be automatically expunged prior to January |
19 | | 1, 2020; |
20 | | (2) prior to January 1, 2013, but on or after January |
21 | | 1, 2000, shall be automatically expunged prior to January |
22 | | 1, 2023; and |
23 | | (3) prior to January 1, 2000 shall not be subject to |
24 | | the automatic expungement provisions of this Act. |
25 | | Nothing in this subsection (0.15) shall be construed to |
26 | | restrict or modify an individual's right to have his or her |
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1 | | juvenile law enforcement records expunged except as otherwise |
2 | | may be provided in this Act. |
3 | | (0.2) (a) Upon dismissal of a petition alleging |
4 | | delinquency or upon a finding of not delinquent, the |
5 | | successful termination of an order of supervision, or the |
6 | | successful termination of an adjudication for an offense which |
7 | | would be a Class B misdemeanor, Class C misdemeanor, or a petty |
8 | | or business offense if committed by an adult, the court shall |
9 | | automatically order the expungement of the juvenile court |
10 | | records and juvenile law enforcement records. The clerk shall |
11 | | deliver a certified copy of the expungement order to the |
12 | | Illinois State Police and the arresting agency. Upon request, |
13 | | the State's Attorney shall furnish the name of the arresting |
14 | | agency. The expungement shall be completed within 60 business |
15 | | days after the receipt of the expungement order. |
16 | | (b) If the chief law enforcement officer of the agency, or |
17 | | his or her designee, certifies in writing that certain |
18 | | information is needed for a pending investigation involving |
19 | | the commission of a felony, that information, and information |
20 | | identifying the juvenile, may be retained until the statute of |
21 | | limitations for the felony has run. If the chief law |
22 | | enforcement officer of the agency, or his or her designee, |
23 | | certifies in writing that certain information is needed with |
24 | | respect to an internal investigation of any law enforcement |
25 | | office, that information and information identifying the |
26 | | juvenile may be retained within an intelligence file until the |
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1 | | investigation is terminated or the disciplinary action, |
2 | | including appeals, has been completed, whichever is later. |
3 | | Retention of a portion of a juvenile's law enforcement record |
4 | | does not disqualify the remainder of his or her record from |
5 | | immediate automatic expungement. |
6 | | (0.3) (a) Upon an adjudication of delinquency based on any |
7 | | offense except a disqualified offense, the juvenile court |
8 | | shall automatically order the expungement of the juvenile |
9 | | court and law enforcement records 2 years after the juvenile's |
10 | | case was closed if no delinquency or criminal proceeding is |
11 | | pending and the person has had no subsequent delinquency |
12 | | adjudication or criminal conviction. The clerk shall deliver a |
13 | | certified copy of the expungement order to the Illinois State |
14 | | Police and the arresting agency. Upon request, the State's |
15 | | Attorney shall furnish the name of the arresting agency. The |
16 | | expungement shall be completed within 60 business days after |
17 | | the receipt of the expungement order. In this subsection |
18 | | (0.3), "disqualified offense" means any of the following |
19 | | offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, |
20 | | 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, |
21 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, |
22 | | 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, |
23 | | 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, |
24 | | 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, |
25 | | 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, |
26 | | 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or |
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1 | | subsection (b) of Section 8-1, paragraph (4) of subsection (a) |
2 | | of Section 11-14.4, subsection (a-5) of Section 12-3.1, |
3 | | paragraph (1), (2), or (3) of subsection (a) of Section 12-6, |
4 | | subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or |
5 | | (2) of subsection (a) of Section 12-7.4, subparagraph (i) of |
6 | | paragraph (1) of subsection (a) of Section 12-9, subparagraph |
7 | | (H) of paragraph (3) of subsection (a) of Section 24-1.6, |
8 | | paragraph (1) of subsection (a) of Section 25-1, or subsection |
9 | | (a-7) of Section 31-1 of the Criminal Code of 2012. |
10 | | (b) If the chief law enforcement officer of the agency, or |
11 | | his or her designee, certifies in writing that certain |
12 | | information is needed for a pending investigation involving |
13 | | the commission of a felony, that information, and information |
14 | | identifying the juvenile, may be retained in an intelligence |
15 | | file until the investigation is terminated or for one |
16 | | additional year, whichever is sooner. Retention of a portion |
17 | | of a juvenile's juvenile law enforcement record does not |
18 | | disqualify the remainder of his or her record from immediate |
19 | | automatic expungement. |
20 | | (0.4) Automatic expungement for the purposes of this |
21 | | Section shall not require law enforcement agencies to |
22 | | obliterate or otherwise destroy juvenile law enforcement |
23 | | records that would otherwise need to be automatically expunged |
24 | | under this Act, except after 2 years following the subject |
25 | | arrest for purposes of use in civil litigation against a |
26 | | governmental entity or its law enforcement agency or personnel |
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1 | | which created, maintained, or used the records. However, these |
2 | | juvenile law enforcement records shall be considered expunged |
3 | | for all other purposes during this period and the offense, |
4 | | which the records or files concern, shall be treated as if it |
5 | | never occurred as required under Section 5-923. |
6 | | (0.5) Subsection (0.1) or (0.2) of this Section does not |
7 | | apply to violations of traffic, boating, fish and game laws, |
8 | | or county or municipal ordinances. |
9 | | (0.6) Juvenile law enforcement records of a plaintiff who |
10 | | has filed civil litigation against the governmental entity or |
11 | | its law enforcement agency or personnel that created, |
12 | | maintained, or used the records, or juvenile law enforcement |
13 | | records that contain information related to the allegations |
14 | | set forth in the civil litigation may not be expunged until |
15 | | after 2 years have elapsed after the conclusion of the |
16 | | lawsuit, including any appeal. |
17 | | (0.7) Officer-worn body camera recordings shall not be |
18 | | automatically expunged except as otherwise authorized by the |
19 | | Law Enforcement Officer-Worn Body Camera Act. |
20 | | (1) Whenever a person has been arrested, charged, or |
21 | | adjudicated delinquent for an incident occurring before his or |
22 | | her 18th birthday that if committed by an adult would be an |
23 | | offense, and that person's juvenile law enforcement and |
24 | | juvenile court records are not eligible for automatic |
25 | | expungement under subsection (0.1), (0.2), or (0.3), the
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26 | | person may petition the court at any time at no cost to the |
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1 | | person for expungement of juvenile law
enforcement records and |
2 | | juvenile court records relating to the incident and, upon |
3 | | termination of all juvenile
court proceedings relating to that |
4 | | incident, the court shall order the expungement of all records |
5 | | in the possession of the Illinois State Police, the clerk of |
6 | | the circuit court, and law enforcement agencies relating to |
7 | | the incident, but only in any of the following circumstances:
|
8 | | (a) the minor was arrested and no petition for |
9 | | delinquency was filed with
the clerk of the circuit court; |
10 | | (a-5) the minor was charged with an offense and the |
11 | | petition or petitions were dismissed without a finding of |
12 | | delinquency;
|
13 | | (b) the minor was charged with an offense and was |
14 | | found not delinquent of
that offense;
|
15 | | (c) the minor was placed under supervision under |
16 | | Section 5-615, and
the order of
supervision has since been |
17 | | successfully terminated; or
|
18 | | (d)
the minor was adjudicated for an offense which |
19 | | would be a Class B
misdemeanor, Class C misdemeanor, or a |
20 | | petty or business offense if committed by an adult.
|
21 | | (1.5) At no cost to the person, the The Illinois State |
22 | | Police shall allow a person to use the Access and Review |
23 | | process, established in the Illinois State Police, for |
24 | | verifying that his or her juvenile law enforcement records |
25 | | relating to incidents occurring before his or her 18th |
26 | | birthday eligible under this Act have been expunged. |
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1 | | (1.6) (Blank). |
2 | | (1.7) (Blank). |
3 | | (1.8) (Blank). |
4 | | (2) Any person whose delinquency adjudications are not |
5 | | eligible for automatic expungement under subsection (0.3) of |
6 | | this Section may petition the court at no cost to the person to |
7 | | expunge all juvenile law enforcement records
relating to any
|
8 | | incidents occurring before his or her 18th birthday which did |
9 | | not result in
proceedings in criminal court and all juvenile |
10 | | court records with respect to
any adjudications except those |
11 | | based upon first degree
murder or an offense under Article 11 |
12 | | of the Criminal Code of 2012 if the person is required to |
13 | | register under the Sex Offender Registration Act at the time |
14 | | he or she petitions the court for expungement; provided that 2 |
15 | | years have elapsed since all juvenile court proceedings |
16 | | relating to
him or her have been terminated and his or her |
17 | | commitment to the Department of
Juvenile Justice
under this |
18 | | Act has been terminated.
|
19 | | (2.5) If a minor is arrested and no petition for |
20 | | delinquency is filed with the clerk of the circuit court at the |
21 | | time the minor is released from custody, the youth officer, if |
22 | | applicable, or other designated person from the arresting |
23 | | agency, shall notify verbally and in writing to the minor or |
24 | | the minor's parents or guardians that the minor shall have an |
25 | | arrest record and shall provide the minor and the minor's |
26 | | parents or guardians with an expungement information packet, |
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1 | | information regarding this State's expungement laws including |
2 | | a petition to expunge juvenile law enforcement and juvenile |
3 | | court records obtained from the clerk of the circuit court. |
4 | | (2.6) If a minor is referred to court, then, at the time of |
5 | | sentencing, dismissal of the case, or successful completion of |
6 | | supervision, the judge shall inform the delinquent minor of |
7 | | his or her rights regarding expungement and the clerk of the |
8 | | circuit court shall provide an expungement information packet |
9 | | to the minor, written in plain language, including information |
10 | | regarding this State's expungement laws and a petition for |
11 | | expungement, a sample of a completed petition, expungement |
12 | | instructions that shall include information informing the |
13 | | minor that (i) once the case is expunged, it shall be treated |
14 | | as if it never occurred, (ii) he or she shall not be charged a |
15 | | fee to petition for expungement may apply to have petition |
16 | | fees waived , (iii) once he or she obtains an expungement, he or |
17 | | she may not be required to disclose that he or she had a |
18 | | juvenile law enforcement or juvenile court record, and (iv) if |
19 | | petitioning he or she may file the petition on his or her own |
20 | | or with the assistance of an attorney. The failure of the judge |
21 | | to inform the delinquent minor of his or her right to petition |
22 | | for expungement as provided by law does not create a |
23 | | substantive right, nor is that failure grounds for: (i) a |
24 | | reversal of an adjudication of delinquency; (ii) a new trial; |
25 | | or (iii) an appeal. |
26 | | (2.7) (Blank). |
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1 | | (2.8) (Blank). |
2 | | (3) (Blank).
|
3 | | (3.1) (Blank).
|
4 | | (3.2) (Blank). |
5 | | (3.3) (Blank).
|
6 | | (4) (Blank).
|
7 | | (5) (Blank).
|
8 | | (5.5) Whether or not expunged, records eligible for |
9 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or |
10 | | (0.3)(a) may be treated as expunged by the individual subject |
11 | | to the records. |
12 | | (6) (Blank). |
13 | | (6.5) The Illinois State Police or any employee of the |
14 | | Illinois State Police shall be immune from civil or criminal |
15 | | liability for failure to expunge any records of arrest that |
16 | | are subject to expungement under this Section because of |
17 | | inability to verify a record. Nothing in this Section shall |
18 | | create Illinois State Police liability or responsibility for |
19 | | the expungement of juvenile law enforcement records it does |
20 | | not possess. |
21 | | (7) (Blank).
|
22 | | (7.5) (Blank). |
23 | | (8) The expungement of juvenile law enforcement or |
24 | | juvenile court records under subsection (0.1), (0.2), or (0.3) |
25 | | of this Section shall be funded by appropriation by the |
26 | | General Assembly for that purpose. |
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1 | | (9) (Blank). |
2 | | (10) (Blank). |
3 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; |
4 | | 102-752, eff. 1-1-23; revised 8-23-22.)
|
5 | | (705 ILCS 405/6-7) (from Ch. 37, par. 806-7)
|
6 | | Sec. 6-7. Financial responsibility of counties. |
7 | | (1) Each county board shall provide in its annual |
8 | | appropriation
ordinance or annual budget, as the case may be, |
9 | | a reasonable sum for payments for the
care and support of |
10 | | minors, and for payments for court appointed counsel
in |
11 | | accordance with orders entered under this
Act in an amount |
12 | | which in the judgment of the county board may be needed for
|
13 | | that purpose. Such appropriation or budget item constitutes a |
14 | | separate
fund into which shall be paid not only the moneys |
15 | | appropriated by the
county board, and but also all |
16 | | reimbursements by parents and other persons
and by the State. |
17 | | For cases involving minors subject to Article III, IV, or V of |
18 | | this Act or minors under the age of 18 transferred to adult |
19 | | court or excluded from juvenile court jurisdiction under |
20 | | Article V of this Act, the county board shall not seek |
21 | | reimbursement from a minor or the minor's parent, guardian, or |
22 | | legal custodian.
|
23 | | (2) No county may be charged with the care and support of |
24 | | any minor
who is not a resident of the county unless his |
25 | | parents or guardian are
unknown or the minor's place of |
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1 | | residence cannot be determined.
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2 | | (3) No order upon the county for care and support of a |
3 | | minor may be
entered until the president or chairman of the |
4 | | county board has had due
notice that such a proceeding is |
5 | | pending.
|
6 | | (Source: P.A. 85-1235; 85-1443; 86-820.)
|
7 | | (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
|
8 | | Sec. 6-9. Enforcement of liability of parents and others.
|
9 | | (1) If parentage is at issue in any proceeding under this |
10 | | Act, other than cases involving those exceptions to the |
11 | | definition of parent set out in item (11) in Section 1-3, then |
12 | | the
Illinois Parentage Act of 2015 shall apply and the court |
13 | | shall enter orders
consistent with that Act. If it appears at |
14 | | any hearing that a parent or
any other person named in the |
15 | | petition, liable under the law for the
support of the minor, is |
16 | | able to contribute to his or her support, the court
shall enter |
17 | | an order requiring that parent or other person to pay the clerk |
18 | | of
the court, or to the guardian or custodian appointed under |
19 | | Section 2-27 Sections 2-27,
3-28, 4-25 or 5-740 , a reasonable |
20 | | sum from time to time for the care,
support , and necessary |
21 | | special care or treatment , of the minor.
If the court
|
22 | | determines at any hearing that a parent or any other person |
23 | | named in the
petition, liable under the law for the support of |
24 | | the minor, is able to
contribute to help defray the costs |
25 | | associated with the minor's detention in a
county or regional |
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1 | | detention center, the court shall enter an order requiring
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2 | | that parent or other person to pay the clerk of the court a |
3 | | reasonable sum for
the care and support of the minor.
The court
|
4 | | may require reasonable security for the payments. Upon failure |
5 | | to pay, the
court may enforce obedience to the order by a |
6 | | proceeding as for contempt of
court.
|
7 | | Costs associated with detention, legal representation, or |
8 | | other services or programs under Article III, IV, or V of this |
9 | | Act shall not be ordered or imposed on a parent, guardian, or |
10 | | legal custodian liable under the law for the support of a |
11 | | minor. |
12 | | If it appears that the person liable for the support of the |
13 | | minor is
able to contribute to legal fees for representation |
14 | | of the minor, the court
shall enter an order requiring that |
15 | | person to pay a reasonable sum for the
representation, to the |
16 | | attorney providing the representation or to the
clerk of the |
17 | | court for deposit in the appropriate account or fund. The sum
|
18 | | may be paid as the court directs, and the payment thereof |
19 | | secured and
enforced as provided in this Section for support.
|
20 | | If it appears at the detention or shelter care hearing of a |
21 | | minor before
the court under Section 5-501 that a parent or any |
22 | | other person
liable for
support of the minor is able to |
23 | | contribute to his or her support, that parent
or other person |
24 | | shall be required to pay a fee for room and board at a rate not
|
25 | | to exceed $10 per day established, with the concurrence of the |
26 | | chief judge of
the judicial circuit, by the county board of the |
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1 | | county in which the minor is
detained unless the court |
2 | | determines that it is in the best interest and
welfare of the |
3 | | minor to waive the fee. The concurrence of the chief judge
|
4 | | shall be in the form of an administrative order. Each week, on |
5 | | a day
designated by the clerk of the circuit court, that parent |
6 | | or other person shall
pay the clerk for the minor's room and |
7 | | board. All fees for room and board
collected by the circuit |
8 | | court clerk shall be disbursed into the separate
county fund |
9 | | under Section 6-7.
|
10 | | Upon application, the court shall waive liability for |
11 | | support or legal fees
under this Section if the parent or other |
12 | | person establishes that he or she is
indigent and unable to pay |
13 | | the incurred liability, and the court may reduce or
waive |
14 | | liability if the parent or other person establishes |
15 | | circumstances showing
that full payment of support or legal |
16 | | fees would result in financial hardship
to the person or his or |
17 | | her family.
|
18 | | (2) (Blank). When a person so ordered to pay for the care |
19 | | and support of a minor
is employed for wages, salary or |
20 | | commission, the court may order him to
make the support |
21 | | payments for which he is liable under this Act out of his
|
22 | | wages, salary or commission and to assign so much thereof as |
23 | | will pay the
support. The court may also order him to make |
24 | | discovery to the court as to
his place of employment and the |
25 | | amounts earned by him. Upon his failure to
obey the orders of |
26 | | court he may be punished as for contempt of court.
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1 | | (3) If the minor is a recipient of public aid under the |
2 | | Illinois Public
Aid Code, the court shall order that payments |
3 | | made by a parent or through
assignment of his wages, salary or |
4 | | commission be made directly to (a) the
Department of |
5 | | Healthcare and Family Services if the minor is a recipient of |
6 | | aid under
Article V of the Code, (b) the Department of Human |
7 | | Services if the
minor is a recipient of aid under Article IV of |
8 | | the Code, or (c)
the local governmental unit
responsible for |
9 | | the support of the minor if he is a recipient under
Articles VI |
10 | | or VII of the Code. The order shall permit the
Department of |
11 | | Healthcare and Family Services, the Department of Human |
12 | | Services, or the local
governmental unit, as the case may
be, |
13 | | to direct that subsequent payments be made directly to the |
14 | | guardian or
custodian of the minor, or to some other person or |
15 | | agency in the minor's
behalf, upon removal of the minor from |
16 | | the public aid rolls; and upon such
direction and removal of |
17 | | the minor from the public aid rolls, the
Department of |
18 | | Healthcare and Family Services, Department of Human Services, |
19 | | or local
governmental unit, as the case requires, shall give
|
20 | | written notice of such action to the court. Payments received |
21 | | by the
Department of Healthcare and Family Services, |
22 | | Department of Human Services, or local
governmental unit are |
23 | | to be
covered, respectively, into the General Revenue Fund of |
24 | | the State Treasury
or General Assistance Fund of the |
25 | | governmental unit, as provided in Section
10-19 of the |
26 | | Illinois Public Aid Code.
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1 | | (Source: P.A. 99-85, eff. 1-1-16 .)
|
2 | | Section 25. The Juvenile Drug Court Treatment Act is |
3 | | amended by changing Section 25 as follows:
|
4 | | (705 ILCS 410/25)
|
5 | | Sec. 25. Procedure.
|
6 | | (a) The court shall order an eligibility screening and an
|
7 | | assessment of the minor by an agent designated by the
State of |
8 | | Illinois to provide assessment services for the
Illinois |
9 | | Courts. An assessment need not be ordered if the
court finds a |
10 | | valid assessment related to the present charge
pending against |
11 | | the minor has been completed within the
previous 60 days.
|
12 | | (b) The judge shall inform the minor that if the
minor |
13 | | fails to meet the conditions of the drug court
program, |
14 | | eligibility to participate in the program may be
revoked and |
15 | | the minor may be sentenced or the prosecution
continued as |
16 | | provided in the Juvenile Court Act of 1987 for
the crime |
17 | | charged.
|
18 | | (c) The minor shall execute a written agreement as
to his |
19 | | or her participation in the program and shall agree to
all of |
20 | | the terms and conditions of the program, including but
not |
21 | | limited to the possibility of sanctions or incarceration
for |
22 | | failing to abide or comply with the terms of the program.
|
23 | | (d) In addition to any conditions authorized under |
24 | | Sections 5-505, 5-710,
and 5-715 of the Juvenile Court Act of |
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1 | | 1987 , the court may order the minor to complete
substance |
2 | | abuse treatment in an outpatient, inpatient,
residential, or |
3 | | detention-based custodial treatment program. Any
period of |
4 | | time a minor shall serve in a detention-based
treatment |
5 | | program may not be reduced by the accumulation of
good time or |
6 | | other credits and may be for a period of up to
120 days.
|
7 | | (e) The drug court program shall include a regimen of
|
8 | | graduated requirements and rewards and sanctions, including ,
|
9 | | but not limited to: fines, costs, restitution, reasonable |
10 | | public service
employment ,
incarceration of up to 120 days, |
11 | | individual and group
therapy, drug analysis testing, close |
12 | | monitoring by the court
at a minimum of once every 30 days and |
13 | | supervision of
progress, educational or vocational counseling |
14 | | as
appropriate, and other requirements necessary to fulfill |
15 | | the
drug court program. Reasonable public service shall not |
16 | | interfere with school hours, school-related activities, or |
17 | | work commitments of the minor or the minor's parent, guardian, |
18 | | or legal custodian. |
19 | | (f) Fines and assessments, such as fees or administrative |
20 | | costs, under this Section shall not be ordered or imposed |
21 | | against minors or their parents, guardians, or legal |
22 | | custodians.
|
23 | | (Source: P.A. 92-559, eff. 1-1-03.)
|
24 | | Section 30. The Criminal Code of 2012 is amended by |
25 | | changing Section 12C-60 as follows: |
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1 | | (720 ILCS 5/12C-60) |
2 | | (Text of Section before amendment by P.A. 102-982 ) |
3 | | Sec. 12C-60. Curfew. |
4 | | (a) Curfew offenses. |
5 | | (1) A minor commits a curfew offense when he or she |
6 | | remains in any public place or on the premises of any |
7 | | establishment during curfew hours. |
8 | | (2) A parent or guardian of a minor or other person in |
9 | | custody or control of a minor commits a curfew offense |
10 | | when he or she knowingly permits the minor to remain in any |
11 | | public place or on the premises of any establishment |
12 | | during curfew hours. |
13 | | (b) Curfew defenses. It is a defense to prosecution under |
14 | | subsection (a) that the minor was: |
15 | | (1) accompanied by the minor's parent or guardian or |
16 | | other person in custody or control of the minor; |
17 | | (2) on an errand at the direction of the minor's |
18 | | parent or guardian, without any detour or stop; |
19 | | (3) in a motor vehicle involved in interstate travel; |
20 | | (4) engaged in an employment activity or going to or |
21 | | returning home from an employment activity, without any |
22 | | detour or stop; |
23 | | (5) involved in an emergency; |
24 | | (6) on the sidewalk abutting the minor's residence or |
25 | | abutting the residence of a next-door neighbor if the |
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1 | | neighbor did not complain to the police department about |
2 | | the minor's presence; |
3 | | (7) attending an official school, religious, or other |
4 | | recreational activity supervised by adults and sponsored |
5 | | by a government or governmental agency, a civic |
6 | | organization, or another similar entity that takes |
7 | | responsibility for the minor, or going to or returning |
8 | | home from, without any detour or stop, an official school, |
9 | | religious, or other recreational activity supervised by |
10 | | adults and sponsored by a government or governmental |
11 | | agency, a civic organization, or another similar entity |
12 | | that takes responsibility for the minor; |
13 | | (8) exercising First Amendment rights protected by the |
14 | | United States Constitution, such as the free exercise of |
15 | | religion, freedom of speech, and the right of assembly; or |
16 | | (9) married or had been married or is an emancipated |
17 | | minor under the Emancipation of Minors Act. |
18 | | (c) Enforcement. Before taking any enforcement action |
19 | | under this Section, a law enforcement officer shall ask the |
20 | | apparent offender's age and reason for being in the public |
21 | | place. The officer shall not issue a citation or make an arrest |
22 | | under this Section unless the officer reasonably believes that |
23 | | an offense has occurred and that, based on any response and |
24 | | other circumstances, no defense in subsection (b) is present.
|
25 | | (d) Definitions. In this Section: |
26 | | (1) "Curfew hours" means: |
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1 | | (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; |
2 | | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; |
3 | | and |
4 | | (C) Between 11:00 p.m. on Sunday to Thursday, |
5 | | inclusive, and 6:00 a.m. on the following day. |
6 | | (2) "Emergency" means an unforeseen combination of |
7 | | circumstances or the resulting state that calls for |
8 | | immediate action. The term includes, but is not limited |
9 | | to, a fire, a natural disaster, an automobile accident, or |
10 | | any situation requiring immediate action to prevent |
11 | | serious bodily injury or loss of life. |
12 | | (3) "Establishment" means any privately-owned place of
|
13 | | business operated for a profit to which the public is
|
14 | | invited, including, but not limited to, any place of |
15 | | amusement
or entertainment.
|
16 | | (4) "Guardian" means: |
17 | | (A) a person who, under court order, is the |
18 | | guardian of the person of a minor; or |
19 | | (B) a public or private agency with whom a minor |
20 | | has been placed by a court. |
21 | | (5) "Minor" means any person under 17 years of age. |
22 | | (6) "Parent" means a person who is: |
23 | | (A) a natural parent, adoptive parent, or |
24 | | step-parent of another person; or |
25 | | (B) at least 18 years of age and authorized by a |
26 | | parent or guardian to have the care and custody of a |
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1 | | minor. |
2 | | (7) "Public place" means any place to which the public |
3 | | or a substantial group of the public has access and |
4 | | includes, but is not limited to, streets, highways, and |
5 | | the common areas of schools, hospitals, apartment houses, |
6 | | office buildings, transport facilities, and shops. |
7 | | (8) "Remain" means to: |
8 | | (A) linger or stay; or |
9 | | (B) fail to leave premises when requested to do so |
10 | | by a police officer or the owner, operator, or other |
11 | | person in control of the premises. |
12 | | (9) "Serious bodily injury" means bodily injury that |
13 | | creates a substantial risk of death or that causes death, |
14 | | serious permanent disfigurement, or protracted loss or |
15 | | impairment of the function of any bodily member or organ. |
16 | | (e) Sentence. A violation of this Section
is a petty |
17 | | offense with a fine of not less than
$10 nor
more than $500, |
18 | | except that neither a person who has been made a ward of the
|
19 | | court under the Juvenile Court Act of 1987, nor that person's |
20 | | legal guardian,
shall be subject to any fine. In addition to or |
21 | | instead of the
fine imposed
by this Section, the court may |
22 | | order a parent, legal guardian, or other person
convicted of a |
23 | | violation of subsection (a) of this
Section to perform |
24 | | community service as determined by the court, except that
the |
25 | | legal guardian of a person subject to delinquency proceedings |
26 | | or who has been made a ward of the court under the
Juvenile |
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1 | | Court Act of 1987 may not be ordered to perform community |
2 | | service.
The dates and
times established for the performance |
3 | | of community service by the parent, legal
guardian, or other |
4 | | person convicted of a violation of subsection (a) of this
|
5 | | Section shall not conflict with the dates and times that the |
6 | | person is
employed in his or her regular occupation. Fines and |
7 | | assessments, such as fees or administrative costs, shall not |
8 | | be ordered or imposed against a minor under the age of 18 |
9 | | transferred to adult court or excluded from juvenile court |
10 | | jurisdiction under Article V of the Juvenile Court Act of |
11 | | 1987, or the minor's parent, guardian, or legal custodian. |
12 | | (f) County, municipal and other local boards and bodies |
13 | | authorized to
adopt local police laws and regulations under |
14 | | the constitution and laws of
this State may exercise |
15 | | legislative or regulatory authority over this
subject matter |
16 | | by ordinance or resolution incorporating the substance of
this |
17 | | Section or increasing the requirements thereof or otherwise |
18 | | not in
conflict with this Section.
|
19 | | (Source: P.A. 97-1109, eff. 1-1-13.) |
20 | | (Text of Section after amendment by P.A. 102-982 ) |
21 | | Sec. 12C-60. Curfew. |
22 | | (a) Curfew offenses. |
23 | | (1) A minor commits a curfew offense when he or she |
24 | | remains in any public place or on the premises of any |
25 | | establishment during curfew hours. |
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1 | | (2) A parent or guardian of a minor or other person in |
2 | | custody or control of a minor commits a curfew offense |
3 | | when he or she knowingly permits the minor to remain in any |
4 | | public place or on the premises of any establishment |
5 | | during curfew hours. |
6 | | (b) Curfew defenses. It is a defense to prosecution under |
7 | | subsection (a) that the minor was: |
8 | | (1) accompanied by the minor's parent or guardian or |
9 | | other person in custody or control of the minor; |
10 | | (2) on an errand at the direction of the minor's |
11 | | parent or guardian, without any detour or stop; |
12 | | (3) in a motor vehicle involved in interstate travel; |
13 | | (4) engaged in an employment activity or going to or |
14 | | returning home from an employment activity, without any |
15 | | detour or stop; |
16 | | (5) involved in an emergency; |
17 | | (6) on the sidewalk abutting the minor's residence or |
18 | | abutting the residence of a next-door neighbor if the |
19 | | neighbor did not complain to the police department about |
20 | | the minor's presence; |
21 | | (7) attending an official school, religious, or other |
22 | | recreational activity supervised by adults and sponsored |
23 | | by a government or governmental agency, a civic |
24 | | organization, or another similar entity that takes |
25 | | responsibility for the minor, or going to or returning |
26 | | home from, without any detour or stop, an official school, |
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1 | | religious, or other recreational activity supervised by |
2 | | adults and sponsored by a government or governmental |
3 | | agency, a civic organization, or another similar entity |
4 | | that takes responsibility for the minor; |
5 | | (8) exercising First Amendment rights protected by the |
6 | | United States Constitution, such as the free exercise of |
7 | | religion, freedom of speech, and the right of assembly; or |
8 | | (9) married or had been married or is an emancipated |
9 | | minor under the Emancipation of Minors Act. |
10 | | (c) Enforcement. Before taking any enforcement action |
11 | | under this Section, a law enforcement officer shall ask the |
12 | | apparent offender's age and reason for being in the public |
13 | | place. The officer shall not issue a citation or make an arrest |
14 | | under this Section unless the officer reasonably believes that |
15 | | an offense has occurred and that, based on any response and |
16 | | other circumstances, no defense in subsection (b) is present.
|
17 | | (d) Definitions. In this Section: |
18 | | (1) "Curfew hours" means: |
19 | | (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; |
20 | | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; |
21 | | and |
22 | | (C) Between 11:00 p.m. on Sunday to Thursday, |
23 | | inclusive, and 6:00 a.m. on the following day. |
24 | | (2) "Emergency" means an unforeseen combination of |
25 | | circumstances or the resulting state that calls for |
26 | | immediate action. The term includes, but is not limited |
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1 | | to, a fire, a natural disaster, an automobile crash, or |
2 | | any situation requiring immediate action to prevent |
3 | | serious bodily injury or loss of life. |
4 | | (3) "Establishment" means any privately-owned place of
|
5 | | business operated for a profit to which the public is
|
6 | | invited, including, but not limited to, any place of |
7 | | amusement
or entertainment.
|
8 | | (4) "Guardian" means: |
9 | | (A) a person who, under court order, is the |
10 | | guardian of the person of a minor; or |
11 | | (B) a public or private agency with whom a minor |
12 | | has been placed by a court. |
13 | | (5) "Minor" means any person under 17 years of age. |
14 | | (6) "Parent" means a person who is: |
15 | | (A) a natural parent, adoptive parent, or |
16 | | step-parent of another person; or |
17 | | (B) at least 18 years of age and authorized by a |
18 | | parent or guardian to have the care and custody of a |
19 | | minor. |
20 | | (7) "Public place" means any place to which the public |
21 | | or a substantial group of the public has access and |
22 | | includes, but is not limited to, streets, highways, and |
23 | | the common areas of schools, hospitals, apartment houses, |
24 | | office buildings, transport facilities, and shops. |
25 | | (8) "Remain" means to: |
26 | | (A) linger or stay; or |
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1 | | (B) fail to leave premises when requested to do so |
2 | | by a police officer or the owner, operator, or other |
3 | | person in control of the premises. |
4 | | (9) "Serious bodily injury" means bodily injury that |
5 | | creates a substantial risk of death or that causes death, |
6 | | serious permanent disfigurement, or protracted loss or |
7 | | impairment of the function of any bodily member or organ. |
8 | | (e) Sentence. A violation of this Section
is a petty |
9 | | offense with a fine of not less than
$10 nor
more than $500, |
10 | | except that neither a person who has been made a ward of the
|
11 | | court under the Juvenile Court Act of 1987, nor that person's |
12 | | legal guardian,
shall be subject to any fine. In addition to or |
13 | | instead of the
fine imposed
by this Section, the court may |
14 | | order a parent, legal guardian, or other person
convicted of a |
15 | | violation of subsection (a) of this
Section to perform |
16 | | community service as determined by the court, except that
the |
17 | | legal guardian of a person subject to delinquency proceedings |
18 | | or who has been made a ward of the court under the
Juvenile |
19 | | Court Act of 1987 may not be ordered to perform community |
20 | | service.
The dates and
times established for the performance |
21 | | of community service by the parent, legal
guardian, or other |
22 | | person convicted of a violation of subsection (a) of this
|
23 | | Section shall not conflict with the dates and times that the |
24 | | person is
employed in his or her regular occupation. Fines and |
25 | | assessments, such as fees or administrative costs, shall not |
26 | | be ordered or imposed against a minor under the age of 18 |
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1 | | transferred to adult court or excluded from juvenile court |
2 | | jurisdiction under Article V of the Juvenile Court Act of |
3 | | 1987, or the minor's parent, guardian, or legal custodian. |
4 | | (f) County, municipal and other local boards and bodies |
5 | | authorized to
adopt local police laws and regulations under |
6 | | the constitution and laws of
this State may exercise |
7 | | legislative or regulatory authority over this
subject matter |
8 | | by ordinance or resolution incorporating the substance of
this |
9 | | Section or increasing the requirements thereof or otherwise |
10 | | not in
conflict with this Section.
|
11 | | (Source: P.A. 102-982, eff. 7-1-23.) |
12 | | Section 35. The Cannabis Control Act is amended by |
13 | | changing Sections 4 and 10 as follows:
|
14 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
|
15 | | Sec. 4. Except as otherwise provided in the Cannabis |
16 | | Regulation and Tax Act and the Industrial Hemp Act, it is |
17 | | unlawful for any person knowingly to possess cannabis. |
18 | | Any person
who violates this Section with respect to:
|
19 | | (a) not more than 10 grams of any substance containing |
20 | | cannabis is
guilty of a civil law violation punishable by |
21 | | a minimum fine of $100 and a maximum fine of $200. The |
22 | | proceeds of the fine shall be payable to the clerk of the |
23 | | circuit court. Within 30 days after the deposit of the |
24 | | fine, the clerk shall distribute the proceeds of the fine |
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1 | | as follows: |
2 | | (1) $10 of the fine to the circuit clerk and $10 of |
3 | | the fine to the law enforcement agency that issued the |
4 | | citation; the proceeds of each $10 fine distributed to |
5 | | the circuit clerk and each $10 fine distributed to the |
6 | | law enforcement agency that issued the citation for |
7 | | the violation shall be used to defer the cost of |
8 | | automatic expungements under paragraph (2.5) of |
9 | | subsection (a) of Section 5.2 of the Criminal |
10 | | Identification Act; |
11 | | (2) $15 to the county to fund drug addiction |
12 | | services; |
13 | | (3) $10 to the Office of the State's Attorneys |
14 | | Appellate Prosecutor for use in training programs; |
15 | | (4) $10 to the State's Attorney; and |
16 | | (5) any remainder of the fine to the law |
17 | | enforcement agency that issued the citation for the |
18 | | violation. |
19 | | With respect to funds designated for the Illinois |
20 | | State Police, the moneys shall be remitted by the circuit |
21 | | court clerk to the Illinois State Police within one month |
22 | | after receipt for deposit into the State Police Operations |
23 | | Assistance Fund. With respect to funds designated for the |
24 | | Department of Natural Resources, the Department of Natural |
25 | | Resources shall deposit the moneys into the Conservation |
26 | | Police Operations Assistance Fund;
|
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1 | | (b) more than 10 grams but not more than 30 grams of |
2 | | any substance
containing cannabis is guilty of a Class B |
3 | | misdemeanor;
|
4 | | (c) more than 30 grams but not more than 100 grams of |
5 | | any substance
containing cannabis is guilty of a Class A |
6 | | misdemeanor; provided, that if
any offense under this |
7 | | subsection (c) is a subsequent offense, the offender
shall |
8 | | be guilty of a Class 4 felony;
|
9 | | (d) more than 100 grams but not more than 500 grams of |
10 | | any substance
containing cannabis is guilty of a Class 4 |
11 | | felony; provided that if any
offense under this subsection |
12 | | (d) is a subsequent offense, the offender
shall be guilty |
13 | | of a Class 3 felony;
|
14 | | (e) more than 500 grams but not more than 2,000 grams |
15 | | of any substance
containing cannabis is guilty
of a Class |
16 | | 3 felony;
|
17 | | (f) more than 2,000 grams but not more than 5,000 |
18 | | grams of any
substance containing cannabis is guilty of a |
19 | | Class 2 felony;
|
20 | | (g) more than 5,000 grams of any substance containing |
21 | | cannabis is guilty
of a Class 1 felony.
|
22 | | Fines and assessments, such as fees or administrative |
23 | | costs, authorized under this Section shall not be ordered or |
24 | | imposed against a minor subject to Article III, IV, or V of the |
25 | | Juvenile Court Act of 1987, or a minor under the age of 18 |
26 | | transferred to adult court or excluded from juvenile court |
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1 | | jurisdiction under Article V of the Juvenile Court Act of |
2 | | 1987, or the minor's parent, guardian, or legal custodian. |
3 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
4 | | 102-538, eff. 8-20-21.)
|
5 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
|
6 | | Sec. 10. (a)
Whenever any person who has not previously |
7 | | been convicted of any felony offense under this Act or any
law |
8 | | of the United States or of any State relating to cannabis, or |
9 | | controlled
substances as defined in the Illinois Controlled |
10 | | Substances Act, pleads
guilty to or is found guilty of |
11 | | violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of |
12 | | this Act, the court may, without entering a
judgment and with |
13 | | the consent of such person, sentence him to probation.
|
14 | | (b) When a person is placed on probation, the court shall |
15 | | enter an order
specifying a period of probation of 24 months, |
16 | | and shall defer further
proceedings in
the case until the |
17 | | conclusion of the period or until the filing of a petition
|
18 | | alleging violation of a term or condition of probation.
|
19 | | (c) The conditions of probation shall be that the person: |
20 | | (1) not violate
any criminal statute of any jurisdiction; (2) |
21 | | refrain from possession of a
firearm
or other dangerous |
22 | | weapon; (3) submit to periodic drug testing at a time and in
a |
23 | | manner as ordered by the court, but no less than 3 times during |
24 | | the period of
the probation, with the cost of the testing to be |
25 | | paid by the probationer; and
(4) perform no less than 30 hours |
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1 | | of community service, provided community
service is available |
2 | | in the jurisdiction and is funded and approved by the
county |
3 | | board. The court may give credit toward the fulfillment of |
4 | | community service hours for participation in activities and |
5 | | treatment as determined by court services.
|
6 | | (d) The court may, in addition to other conditions, |
7 | | require
that the person:
|
8 | | (1) make a report to and appear in person before or |
9 | | participate with the
court or such courts, person, or |
10 | | social service agency as directed by the
court in the |
11 | | order of probation;
|
12 | | (2) pay a fine and costs;
|
13 | | (3) work or pursue a course of study or vocational |
14 | | training;
|
15 | | (4) undergo medical or psychiatric treatment; or |
16 | | treatment for drug
addiction or alcoholism;
|
17 | | (5) attend or reside in a facility established for the |
18 | | instruction or
residence of defendants on probation;
|
19 | | (6) support his dependents;
|
20 | | (7) refrain from possessing a firearm or other |
21 | | dangerous weapon;
|
22 | | (7-5) refrain from having in his or her body the |
23 | | presence of any illicit
drug prohibited by the Cannabis |
24 | | Control Act, the Illinois Controlled
Substances Act, or |
25 | | the Methamphetamine Control and Community Protection Act, |
26 | | unless prescribed by a physician, and submit samples of
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1 | | his or her blood or urine or both for tests to determine |
2 | | the presence of any
illicit drug;
|
3 | | (8) and in addition, if a minor:
|
4 | | (i) reside with his parents or in a foster home;
|
5 | | (ii) attend school;
|
6 | | (iii) attend a non-residential program for youth;
|
7 | | (iv) provide nonfinancial contributions contribute |
8 | | to his own support at home or in a foster home.
|
9 | | (e) Upon violation of a term or condition of probation, |
10 | | the
court
may enter a judgment on its original finding of guilt |
11 | | and proceed as otherwise
provided.
|
12 | | (f) Upon fulfillment of the terms and
conditions of |
13 | | probation, the court shall discharge such person and dismiss
|
14 | | the proceedings against him.
|
15 | | (g) A disposition of probation is considered to be a |
16 | | conviction
for the purposes of imposing the conditions of |
17 | | probation and for appeal,
however, discharge and dismissal |
18 | | under this Section is not a conviction for
purposes of |
19 | | disqualification or disabilities imposed by law upon |
20 | | conviction of
a crime (including the additional penalty |
21 | | imposed for subsequent offenses under
Section 4(c), 4(d), 5(c) |
22 | | or 5(d) of this Act).
|
23 | | (h) A person may not have more than one discharge and |
24 | | dismissal under this Section within a 4-year period.
|
25 | | (i) If a person is convicted of an offense under this Act, |
26 | | the Illinois
Controlled Substances Act, or the Methamphetamine |
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1 | | Control and Community Protection Act within 5 years
subsequent |
2 | | to a discharge and dismissal under this Section, the discharge |
3 | | and
dismissal under this Section shall be admissible in the |
4 | | sentencing proceeding
for that conviction
as a factor in |
5 | | aggravation.
|
6 | | (j) Notwithstanding subsection (a), before a person is |
7 | | sentenced to probation under this Section, the court may refer |
8 | | the person to the drug court established in that judicial |
9 | | circuit pursuant to Section 15 of the Drug Court Treatment |
10 | | Act. The drug court team shall evaluate the person's |
11 | | likelihood of successfully completing a sentence of probation |
12 | | under this Section and shall report the results of its |
13 | | evaluation to the court. If the drug court team finds that the |
14 | | person suffers from a substance abuse problem that makes him |
15 | | or her substantially unlikely to successfully complete a |
16 | | sentence of probation under this Section, then the drug court |
17 | | shall set forth its findings in the form of a written order, |
18 | | and the person shall not be sentenced to probation under this |
19 | | Section, but shall be considered for the drug court program. |
20 | | (k) Fines and assessments, such as fees or administrative |
21 | | costs, authorized under this Section shall not be ordered or |
22 | | imposed against a minor subject to Article III, IV, or V of the |
23 | | Juvenile Court Act of 1987, or a minor under the age of 18 |
24 | | transferred to adult court or excluded from juvenile court |
25 | | jurisdiction under Article V of the Juvenile Court Act of |
26 | | 1987, or the minor's parent, guardian, or legal custodian. |
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1 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; |
2 | | 100-575, eff. 1-8-18.)
|
3 | | Section 40. The Unified Code of Corrections is amended by |
4 | | changing Sections 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, |
5 | | 5-8A-6, 5-9-1.4, 5-9-1.9, and 5-9-3 as follows: |
6 | | (730 ILCS 5/5-4.5-105) |
7 | | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF |
8 | | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. |
9 | | (a) On or after the effective date of this amendatory Act |
10 | | of the 99th General Assembly, when a person commits an offense |
11 | | and the person is under 18 years of age at the time of the |
12 | | commission of the offense, the court, at the sentencing |
13 | | hearing conducted under Section 5-4-1, shall consider the |
14 | | following additional factors in mitigation in determining the |
15 | | appropriate sentence: |
16 | | (1) the person's age, impetuosity, and level of |
17 | | maturity at the time of the offense, including the ability |
18 | | to consider risks and consequences of behavior, and the |
19 | | presence of cognitive or developmental disability, or |
20 | | both, if any; |
21 | | (2) whether the person was subjected to outside |
22 | | pressure, including peer pressure, familial pressure, or |
23 | | negative influences; |
24 | | (3) the person's family, home environment, educational |
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1 | | and social background, including any history of parental |
2 | | neglect, physical abuse, or other childhood trauma; |
3 | | (4) the person's potential for rehabilitation or |
4 | | evidence of rehabilitation, or both; |
5 | | (5) the circumstances of the offense; |
6 | | (6) the person's degree of participation and specific |
7 | | role in the offense, including the level of planning by |
8 | | the defendant before the offense; |
9 | | (7) whether the person was able to meaningfully |
10 | | participate in his or her defense; |
11 | | (8) the person's prior juvenile or criminal history; |
12 | | and |
13 | | (9) any other information the court finds relevant and |
14 | | reliable, including an expression of remorse, if |
15 | | appropriate. However, if the person, on advice of counsel |
16 | | chooses not to make a statement, the court shall not |
17 | | consider a lack of an expression of remorse as an |
18 | | aggravating factor. |
19 | | (b) Except as provided in subsections subsection (c) and |
20 | | (d) , the court may sentence the defendant to any disposition |
21 | | authorized for the class of the offense of which he or she was |
22 | | found guilty as described in Article 4.5 of this Code, and may, |
23 | | in its discretion, decline to impose any otherwise applicable |
24 | | sentencing enhancement based upon firearm possession, |
25 | | possession with personal discharge, or possession with |
26 | | personal discharge that proximately causes great bodily harm, |
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1 | | permanent disability, permanent disfigurement, or death to |
2 | | another person. |
3 | | (c) Notwithstanding any other provision of law, if the |
4 | | defendant is convicted of first degree murder and would |
5 | | otherwise be subject to sentencing under clause (iii), (iv), |
6 | | (v), or (vii) of subparagraph (c) of paragraph (1) of |
7 | | subsection (a) of Section 5-8-1 of this Code based on the |
8 | | category of persons identified therein, the court shall impose |
9 | | a sentence of not less than 40 years of imprisonment. In |
10 | | addition, the court may, in its discretion, decline to impose |
11 | | the sentencing enhancements based upon the possession or use |
12 | | of a firearm during the commission of the offense included in |
13 | | subsection (d) of Section 5-8-1.
|
14 | | (d) Fines and assessments, such as fees or administrative |
15 | | costs, shall not be ordered or imposed against a minor subject |
16 | | to this Code or against the minor's parent, guardian, or legal |
17 | | custodian. For purposes of this amendatory Act of the 103rd |
18 | | General Assembly, "minor" has the meaning provided in Section |
19 | | 1-3 of the Juvenile Court Act of 1987 and includes any minor |
20 | | under the age of 18 transferred to adult court or excluded from |
21 | | juvenile court jurisdiction under Article V of the Juvenile |
22 | | Court Act of 1987. |
23 | | (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, |
24 | | eff. 1-1-17 .)
|
25 | | (730 ILCS 5/5-5-10)
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1 | | Sec. 5-5-10. Community service fee. When an offender or
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2 | | defendant is ordered by the court to perform community service |
3 | | and the
offender is not otherwise assessed a fee for probation |
4 | | services, the court
shall impose a fee of $50
for each month |
5 | | the community service ordered
by the court is
supervised by a |
6 | | probation and court services department, unless after
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7 | | determining the inability of the person sentenced to community |
8 | | service
to pay the fee, the court assesses a lesser fee. The |
9 | | court shall may not impose
a fee on a minor who is placed in |
10 | | the guardianship or custody of the Department of Children and |
11 | | Family Services under the Juvenile
Court Act of 1987 while the |
12 | | minor is in placement . The court shall not impose a fee on a |
13 | | minor subject to Article V of the Juvenile Court Act of 1987 or |
14 | | the minor's parent, guardian, or legal custodian. Except for |
15 | | minors 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, the The fee shall be
imposed |
18 | | only on an offender who is actively supervised by the |
19 | | probation and
court services department. The fee shall be |
20 | | collected by the clerk of the
circuit court. The clerk of the |
21 | | circuit court shall pay all monies
collected from this fee to |
22 | | the county treasurer for deposit in the
probation and court |
23 | | services fund under Section 15.1 of the Probation
and |
24 | | Probation Officers Act.
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25 | | A circuit court shall may not impose a probation fee on a |
26 | | minor subject to the Juvenile Court Act of 1987, or on a minor |
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1 | | under the age of 18 transferred to adult court or excluded from |
2 | | juvenile court jurisdiction under Article V of the Juvenile |
3 | | Court Act of 1987, or the minor's parent, guardian, or legal |
4 | | custodian. In all other instances, a circuit court may not |
5 | | impose a probation fee in excess of
$25 per month unless: (1) |
6 | | the circuit court has adopted, by
administrative order issued |
7 | | by the chief judge, a standard probation fee
guide determining |
8 | | an offender's ability to pay,
under guidelines developed by |
9 | | the Administrative
Office of the Illinois Courts; and (2) the |
10 | | circuit court has authorized, by
administrative order issued |
11 | | by the chief judge, the creation of a Crime
Victim's Services |
12 | | Fund, to be administered by the Chief Judge or his or
her |
13 | | designee, for services to crime victims and their families. Of |
14 | | the
amount collected as a probation fee, not to exceed $5 of |
15 | | that fee
collected per month may be used to provide services to |
16 | | crime victims
and their families.
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17 | | (Source: P.A. 100-159, eff. 8-18-17.)
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18 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
19 | | Sec. 5-6-3. Conditions of probation and of conditional |
20 | | discharge.
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21 | | (a) The conditions of probation and of conditional |
22 | | discharge shall be
that the person:
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23 | | (1) not violate any criminal statute of any |
24 | | jurisdiction;
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25 | | (2) report to or appear in person before such person |
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1 | | or agency as
directed by the court;
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2 | | (3) refrain from possessing a firearm or other |
3 | | dangerous weapon where the offense is a felony or, if a |
4 | | misdemeanor, the offense involved the intentional or |
5 | | knowing infliction of bodily harm or threat of bodily |
6 | | harm;
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7 | | (4) not leave the State without the consent of the |
8 | | court or, in
circumstances in which the reason for the |
9 | | absence is of such an emergency
nature that prior consent |
10 | | by the court is not possible, without the prior
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11 | | notification and approval of the person's probation
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12 | | officer. Transfer of a person's probation or conditional |
13 | | discharge
supervision to another state is subject to |
14 | | acceptance by the other state
pursuant to the Interstate |
15 | | Compact for Adult Offender Supervision;
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16 | | (5) permit the probation officer to visit
him at his |
17 | | home or elsewhere
to the extent necessary to discharge his |
18 | | duties;
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19 | | (6) perform no less than 30 hours of community service |
20 | | and not more than
120 hours of community service, if |
21 | | community service is available in the
jurisdiction and is |
22 | | funded and approved by the county board where the offense
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23 | | was committed, where the offense was related to or in |
24 | | furtherance of the
criminal activities of an organized |
25 | | gang and was motivated by the offender's
membership in or |
26 | | allegiance to an organized gang. The community service |
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1 | | shall
include, but not be limited to, the cleanup and |
2 | | repair of any damage caused by
a violation of Section |
3 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
4 | | 2012 and similar damage
to property located within the |
5 | | municipality or county in which the violation
occurred. |
6 | | When possible and reasonable, the community service should |
7 | | be
performed in the offender's neighborhood. For purposes |
8 | | of this Section,
"organized gang" has the meaning ascribed |
9 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
10 | | Omnibus Prevention Act. The court may give credit toward |
11 | | the fulfillment of community service hours for |
12 | | participation in activities and treatment as determined by |
13 | | court services . Community service shall not interfere with |
14 | | the school hours, school-related activities, or work |
15 | | commitments of the minor or the minor's parent, guardian, |
16 | | or legal custodian ;
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17 | | (7) if he or she is at least 17 years of age and has |
18 | | been sentenced to
probation or conditional discharge for a |
19 | | misdemeanor or felony in a county of
3,000,000 or more |
20 | | inhabitants and has not been previously convicted of a
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21 | | misdemeanor or felony, may be required by the sentencing |
22 | | court to attend
educational courses designed to prepare |
23 | | the defendant for a high school diploma
and to work toward |
24 | | a high school diploma or to work toward passing high |
25 | | school equivalency testing or to work toward
completing a |
26 | | vocational training program approved by the court. The |
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1 | | person on
probation or conditional discharge must attend a |
2 | | public institution of
education to obtain the educational |
3 | | or vocational training required by this paragraph
(7). The |
4 | | court shall revoke the probation or conditional discharge |
5 | | of a
person who willfully fails to comply with this |
6 | | paragraph (7). The person on
probation or conditional |
7 | | discharge shall be required to pay for the cost of the
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8 | | educational courses or high school equivalency testing if |
9 | | a fee is charged for those courses or testing. The court |
10 | | shall resentence the offender whose probation or |
11 | | conditional
discharge has been revoked as provided in |
12 | | Section 5-6-4. This paragraph (7) does
not apply to a |
13 | | person who has a high school diploma or has successfully |
14 | | passed high school equivalency testing. This paragraph (7) |
15 | | does not apply to a person who is determined by
the court |
16 | | to be a person with a developmental disability or |
17 | | otherwise mentally incapable of
completing the educational |
18 | | or vocational program;
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19 | | (8) if convicted of possession of a substance |
20 | | prohibited
by the Cannabis Control Act, the Illinois |
21 | | Controlled Substances Act, or the Methamphetamine Control |
22 | | and Community Protection Act
after a previous conviction |
23 | | or disposition of supervision for possession of a
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24 | | substance prohibited by the Cannabis Control Act or |
25 | | Illinois Controlled
Substances Act or after a sentence of |
26 | | probation under Section 10 of the
Cannabis
Control Act, |
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1 | | Section 410 of the Illinois Controlled Substances Act, or |
2 | | Section 70 of the Methamphetamine Control and Community |
3 | | Protection Act and upon a
finding by the court that the |
4 | | person is addicted, undergo treatment at a
substance abuse |
5 | | program approved by the court;
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6 | | (8.5) if convicted of a felony sex offense as defined |
7 | | in the Sex
Offender
Management Board Act, the person shall |
8 | | undergo and successfully complete sex
offender treatment |
9 | | by a treatment provider approved by the Board and |
10 | | conducted
in conformance with the standards developed |
11 | | under the Sex
Offender Management Board Act;
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12 | | (8.6) if convicted of a sex offense as defined in the |
13 | | Sex Offender Management Board Act, refrain from residing |
14 | | at the same address or in the same condominium unit or |
15 | | apartment unit or in the same condominium complex or |
16 | | apartment complex with another person he or she knows or |
17 | | reasonably should know is a convicted sex offender or has |
18 | | been placed on supervision for a sex offense; the |
19 | | provisions of this paragraph do not apply to a person |
20 | | convicted of a sex offense who is placed in a Department of |
21 | | Corrections licensed transitional housing facility for sex |
22 | | offenders; |
23 | | (8.7) if convicted for an offense committed on or |
24 | | after June 1, 2008 (the effective date of Public Act |
25 | | 95-464) that would qualify the accused as a child sex |
26 | | offender as defined in Section 11-9.3 or 11-9.4 of the |
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1 | | Criminal Code of 1961 or the Criminal Code of 2012, |
2 | | refrain from communicating with or contacting, by means of |
3 | | the Internet, a person who is not related to the accused |
4 | | and whom the accused reasonably believes to be under 18 |
5 | | years of age; for purposes of this paragraph (8.7), |
6 | | "Internet" has the meaning ascribed to it in Section |
7 | | 16-0.1 of the Criminal Code of 2012; and a person is not |
8 | | related to the accused if the person is not: (i) the |
9 | | spouse, brother, or sister of the accused; (ii) a |
10 | | descendant of the accused; (iii) a first or second cousin |
11 | | of the accused; or (iv) a step-child or adopted child of |
12 | | the accused; |
13 | | (8.8) if convicted for an offense under Section 11-6, |
14 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
15 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
16 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
17 | | or any attempt to commit any of these offenses, committed |
18 | | on or after June 1, 2009 (the effective date of Public Act |
19 | | 95-983): |
20 | | (i) not access or use a computer or any other |
21 | | device with Internet capability without the prior |
22 | | written approval of the offender's probation officer, |
23 | | except in connection with the offender's employment or |
24 | | search for employment with the prior approval of the |
25 | | offender's probation officer; |
26 | | (ii) submit to periodic unannounced examinations |
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1 | | of the offender's computer or any other device with |
2 | | Internet capability by the offender's probation |
3 | | officer, a law enforcement officer, or assigned |
4 | | computer or information technology specialist, |
5 | | including the retrieval and copying of all data from |
6 | | the computer or device and any internal or external |
7 | | 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 |
13 | | software 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 |
16 | | computer or any other device with Internet capability |
17 | | imposed by the offender's probation officer; |
18 | | (8.9) if convicted of a sex offense as defined in the |
19 | | Sex Offender
Registration Act committed on or after |
20 | | January 1, 2010 (the effective date of Public Act 96-262), |
21 | | refrain from accessing or using a social networking |
22 | | website as defined in Section 17-0.5 of the Criminal Code |
23 | | of 2012;
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24 | | (9) if convicted of a felony or of any misdemeanor |
25 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
26 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
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1 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
2 | | the Code of Criminal Procedure of 1963, to trigger the |
3 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
4 | | at a time and place
designated by the court, his or her |
5 | | Firearm
Owner's Identification Card and
any and all |
6 | | firearms in
his or her possession. The Court shall return |
7 | | to the Illinois State Police Firearm Owner's |
8 | | Identification Card Office the person's Firearm Owner's |
9 | | Identification Card;
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10 | | (10) if convicted of a sex offense as defined in |
11 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
12 | | offender is a parent or guardian of the person under 18 |
13 | | years of age present in the home and no non-familial |
14 | | minors are present, not participate in a holiday event |
15 | | involving children under 18 years of age, such as |
16 | | distributing candy or other items to children on |
17 | | Halloween, wearing a Santa Claus costume on or preceding |
18 | | Christmas, being employed as a department store Santa |
19 | | Claus, or wearing an Easter Bunny costume on or preceding |
20 | | Easter; |
21 | | (11) if convicted of a sex offense as defined in |
22 | | Section 2 of the Sex Offender Registration Act committed |
23 | | on or after January 1, 2010 (the effective date of Public |
24 | | Act 96-362) that requires the person to register as a sex |
25 | | offender under that Act, may not knowingly use any |
26 | | computer scrub software on any computer that the sex |
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1 | | offender uses; |
2 | | (12) if convicted of a violation of the |
3 | | Methamphetamine Control and Community Protection Act, the |
4 | | Methamphetamine
Precursor Control Act, or a |
5 | | methamphetamine related offense: |
6 | | (A) prohibited from purchasing, possessing, or |
7 | | having under his or her control any product containing |
8 | | pseudoephedrine unless prescribed by a physician; and |
9 | | (B) prohibited from purchasing, possessing, or |
10 | | having under his or her control any product containing |
11 | | ammonium nitrate; and |
12 | | (13) if convicted of a hate crime involving the |
13 | | protected class identified in subsection (a) of Section |
14 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
15 | | offense the offender committed, perform public or |
16 | | community service of no less than 200 hours and enroll in |
17 | | an educational program discouraging hate crimes that |
18 | | includes racial, ethnic, and cultural sensitivity training |
19 | | ordered by the court. |
20 | | (b) The Court may in addition to other reasonable |
21 | | conditions relating to the
nature of the offense or the |
22 | | rehabilitation of the defendant as determined for
each |
23 | | defendant in the proper discretion of the Court require that |
24 | | the person:
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25 | | (1) serve a term of periodic imprisonment under |
26 | | Article 7 for a
period not to exceed that specified in |
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1 | | paragraph (d) of Section 5-7-1;
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2 | | (2) pay a fine and costs;
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3 | | (3) work or pursue a course of study or vocational |
4 | | training;
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5 | | (4) undergo medical, psychological or psychiatric |
6 | | treatment; or treatment
for drug addiction or alcoholism;
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7 | | (5) attend or reside in a facility established for the |
8 | | instruction
or residence of defendants on probation;
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9 | | (6) support his dependents;
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10 | | (7) and in addition, if a minor:
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11 | | (i) reside with his parents or in a foster home;
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12 | | (ii) attend school;
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13 | | (iii) attend a non-residential program for youth;
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14 | | (iv) provide nonfinancial contributions contribute |
15 | | to his own support at home or in a foster home;
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16 | | (v) with the consent of the superintendent of the
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17 | | facility, attend an educational program at a facility |
18 | | other than the school
in which the
offense was |
19 | | committed if he
or she is convicted of a crime of |
20 | | violence as
defined in
Section 2 of the Crime Victims |
21 | | Compensation Act committed in a school, on the
real
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22 | | property
comprising a school, or within 1,000 feet of |
23 | | the real property comprising a
school;
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24 | | (8) make restitution as provided in Section 5-5-6 of |
25 | | this Code;
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26 | | (9) perform some reasonable public or community |
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1 | | service;
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2 | | (10) serve a term of home confinement. In addition to |
3 | | any other
applicable condition of probation or conditional |
4 | | discharge, the
conditions of home confinement shall be |
5 | | that the offender:
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6 | | (i) remain within the interior premises of the |
7 | | place designated for
his confinement during the hours |
8 | | designated by the court;
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9 | | (ii) admit any person or agent designated by the |
10 | | court into the
offender's place of confinement at any |
11 | | time for purposes of verifying
the offender's |
12 | | compliance with the conditions of his confinement; and
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13 | | (iii) if further deemed necessary by the court or |
14 | | the
Probation or
Court Services Department, be placed |
15 | | on an approved
electronic monitoring device, subject |
16 | | to Article 8A of Chapter V;
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17 | | (iv) for persons convicted of any alcohol, |
18 | | cannabis or controlled
substance violation who are |
19 | | placed on an approved monitoring device as a
condition |
20 | | of probation or conditional discharge, the court shall |
21 | | impose a
reasonable fee for each day of the use of the |
22 | | device, as established by the
county board in |
23 | | subsection (g) of this Section, unless after |
24 | | determining the
inability of the offender to pay the |
25 | | fee, the court assesses a lesser fee or no
fee as the |
26 | | case may be. This fee shall be imposed in addition to |
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1 | | the fees
imposed under subsections (g) and (i) of this |
2 | | Section. The fee shall be
collected by the clerk of the |
3 | | circuit court, except as provided in an administrative |
4 | | order of the Chief Judge of the circuit court. The |
5 | | clerk of the circuit
court shall pay all monies |
6 | | collected from this fee to the county treasurer
for |
7 | | deposit in the substance abuse services fund under |
8 | | Section 5-1086.1 of
the Counties Code, except as |
9 | | provided in an administrative order of the Chief Judge |
10 | | of the circuit court. |
11 | | The Chief Judge of the circuit court of the county |
12 | | may by administrative order establish a program for |
13 | | electronic monitoring of offenders, in which a vendor |
14 | | supplies and monitors the operation of the electronic |
15 | | monitoring device, and collects the fees on behalf of |
16 | | the county. The program shall include provisions for |
17 | | indigent offenders and the collection of unpaid fees. |
18 | | The program shall not unduly burden the offender and |
19 | | shall be subject to review by the Chief Judge. |
20 | | The Chief Judge of the circuit court may suspend |
21 | | any additional charges or fees for late payment, |
22 | | interest, or damage to any device; and
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23 | | (v) for persons convicted of offenses other than |
24 | | those referenced in
clause (iv) above and who are |
25 | | placed on an approved monitoring device as a
condition |
26 | | of probation or conditional discharge, the court shall |
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1 | | impose
a reasonable fee for each day of the use of the |
2 | | device, as established by the
county board in |
3 | | subsection (g) of this Section, unless after |
4 | | determining the
inability of the defendant to pay the |
5 | | fee, the court assesses a lesser fee or
no fee as the |
6 | | case may be. This fee shall be imposed in addition to |
7 | | the fees
imposed under subsections (g) and (i) of this |
8 | | Section. The fee
shall be collected by the clerk of the |
9 | | circuit court, except as provided in an administrative |
10 | | order of the Chief Judge of the circuit court. The |
11 | | clerk of the circuit
court shall pay all monies |
12 | | collected from this fee
to the county treasurer who |
13 | | shall use the monies collected to defray the
costs of |
14 | | corrections. The county treasurer shall deposit the |
15 | | fee
collected in the probation and court services |
16 | | fund.
The Chief Judge of the circuit court of the |
17 | | county may by administrative order establish a program |
18 | | for electronic monitoring of offenders, in which a |
19 | | vendor supplies and monitors the operation of the |
20 | | electronic monitoring device, and collects the fees on |
21 | | behalf of the county. The program shall include |
22 | | provisions for indigent offenders and the collection |
23 | | of unpaid fees. The program shall not unduly burden |
24 | | the offender and shall be subject to review by the |
25 | | Chief Judge.
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26 | | The Chief Judge of the circuit court may suspend |
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1 | | any additional charges or fees for late payment, |
2 | | interest, or damage to any device. |
3 | | (11) comply with the terms and conditions of an order |
4 | | of protection issued
by the court pursuant to the Illinois |
5 | | Domestic Violence Act of 1986,
as now or hereafter |
6 | | amended, or an order of protection issued by the court of
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7 | | another state, tribe, or United States territory. A copy |
8 | | of the order of
protection shall be
transmitted to the |
9 | | probation officer or agency
having responsibility for the |
10 | | case;
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11 | | (12) reimburse any "local anti-crime program" as |
12 | | defined in Section 7
of the Anti-Crime Advisory Council |
13 | | Act for any reasonable expenses incurred
by the program on |
14 | | the offender's case, not to exceed the maximum amount of
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15 | | the fine authorized for the offense for which the |
16 | | defendant was sentenced;
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17 | | (13) contribute a reasonable sum of money, not to |
18 | | exceed the maximum
amount of the fine authorized for the
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19 | | offense for which the defendant was sentenced, (i) to a |
20 | | "local anti-crime
program", as defined in Section 7 of the |
21 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
22 | | under the jurisdiction of the Department of Natural |
23 | | Resources, to the fund established by the Department of |
24 | | Natural Resources for the purchase of evidence for |
25 | | investigation purposes and to conduct investigations as |
26 | | outlined in Section 805-105 of the Department of Natural |
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1 | | Resources (Conservation) Law;
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2 | | (14) refrain from entering into a designated |
3 | | geographic area except upon
such terms as the court finds |
4 | | appropriate. Such terms may include
consideration of the |
5 | | purpose of the entry, the time of day, other persons
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6 | | accompanying the defendant, and advance approval by a
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7 | | probation officer, if
the defendant has been placed on |
8 | | probation or advance approval by the
court, if the |
9 | | defendant was placed on conditional discharge;
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10 | | (15) refrain from having any contact, directly or |
11 | | indirectly, with
certain specified persons or particular |
12 | | types of persons, including but not
limited to members of |
13 | | street gangs and drug users or dealers;
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14 | | (16) refrain from having in his or her body the |
15 | | presence of any illicit
drug prohibited by the Cannabis |
16 | | Control Act, the Illinois Controlled
Substances Act, or |
17 | | the Methamphetamine Control and Community Protection Act, |
18 | | unless prescribed by a physician, and submit samples of
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19 | | his or her blood or urine or both for tests to determine |
20 | | the presence of any
illicit drug;
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21 | | (17) if convicted for an offense committed on or after |
22 | | June 1, 2008 (the effective date of Public Act 95-464) |
23 | | that would qualify the accused as a child sex offender as |
24 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
25 | | of 1961 or the Criminal Code of 2012, refrain from |
26 | | communicating with or contacting, by means of the |
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1 | | Internet, a person who is related to the accused and whom |
2 | | the accused reasonably believes to be under 18 years of |
3 | | age; for purposes of this paragraph (17), "Internet" has |
4 | | the meaning ascribed to it in Section 16-0.1 of the |
5 | | Criminal Code of 2012; and a person is related to the |
6 | | accused if the person is: (i) the spouse, brother, or |
7 | | sister of the accused; (ii) a descendant of the accused; |
8 | | (iii) a first or second cousin of the accused; or (iv) a |
9 | | step-child or adopted child of the accused; |
10 | | (18) if convicted for an offense committed on or after |
11 | | June 1, 2009 (the effective date of Public Act 95-983) |
12 | | that would qualify as a sex offense as defined in the Sex |
13 | | Offender Registration Act: |
14 | | (i) not access or use a computer or any other |
15 | | device with Internet capability without the prior |
16 | | written approval of the offender's probation officer, |
17 | | except in connection with the offender's employment or |
18 | | search for employment with the prior approval of the |
19 | | offender's probation officer; |
20 | | (ii) submit to periodic unannounced examinations |
21 | | of the offender's computer or any other device with |
22 | | Internet capability by the offender's probation |
23 | | officer, a law enforcement officer, or assigned |
24 | | computer or information technology specialist, |
25 | | including the retrieval and copying of all data from |
26 | | the computer or device and any internal or external |
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1 | | peripherals and removal of such information, |
2 | | equipment, or device to conduct a more thorough |
3 | | inspection; |
4 | | (iii) submit to the installation on the offender's |
5 | | computer or device with Internet capability, at the |
6 | | subject's expense, of one or more hardware or software |
7 | | systems to monitor the Internet use; and |
8 | | (iv) submit to any other appropriate restrictions |
9 | | concerning the offender's use of or access to a |
10 | | computer or any other device with Internet capability |
11 | | imposed by the offender's probation officer; and |
12 | | (19) refrain from possessing a firearm or other |
13 | | dangerous weapon where the offense is a misdemeanor that |
14 | | did not involve the intentional or knowing infliction of |
15 | | bodily harm or threat of bodily harm. |
16 | | (c) The court may as a condition of probation or of |
17 | | conditional
discharge require that a person under 18 years of |
18 | | age found guilty of any
alcohol, cannabis or controlled |
19 | | substance violation, refrain from acquiring
a driver's license |
20 | | during
the period of probation or conditional discharge. If |
21 | | such person
is in possession of a permit or license, the court |
22 | | may require that
the minor refrain from driving or operating |
23 | | any motor vehicle during the
period of probation or |
24 | | conditional discharge, except as may be necessary in
the |
25 | | course of the minor's lawful employment.
|
26 | | (d) An offender sentenced to probation or to conditional |
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1 | | discharge
shall be given a certificate setting forth the |
2 | | conditions thereof.
|
3 | | (e) Except where the offender has committed a fourth or |
4 | | subsequent
violation of subsection (c) of Section 6-303 of the |
5 | | Illinois Vehicle Code,
the court shall not require as a |
6 | | condition of the sentence of
probation or conditional |
7 | | discharge that the offender be committed to a
period of |
8 | | imprisonment in excess of 6 months.
This 6-month limit shall |
9 | | not include periods of confinement given pursuant to
a |
10 | | sentence of county impact incarceration under Section 5-8-1.2.
|
11 | | Persons committed to imprisonment as a condition of |
12 | | probation or
conditional discharge shall not be committed to |
13 | | the Department of
Corrections.
|
14 | | (f) The court may combine a sentence of periodic |
15 | | imprisonment under
Article 7 or a sentence to a county impact |
16 | | incarceration program under
Article 8 with a sentence of |
17 | | probation or conditional discharge.
|
18 | | (g) An offender sentenced to probation or to conditional |
19 | | discharge and
who during the term of either undergoes |
20 | | mandatory drug or alcohol testing,
or both, or is assigned to |
21 | | be placed on an approved electronic monitoring
device, shall |
22 | | be ordered to pay all costs incidental to such mandatory drug
|
23 | | or alcohol testing, or both, and all costs
incidental to such |
24 | | approved electronic monitoring in accordance with the
|
25 | | defendant's ability to pay those costs. The county board with
|
26 | | the concurrence of the Chief Judge of the judicial
circuit in |
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1 | | which the county is located shall establish reasonable fees |
2 | | for
the cost of maintenance, testing, and incidental expenses |
3 | | related to the
mandatory drug or alcohol testing, or both, and |
4 | | all costs incidental to
approved electronic monitoring, |
5 | | involved in a successful probation program
for the county. The |
6 | | concurrence of the Chief Judge shall be in the form of
an |
7 | | administrative order.
The fees shall be collected by the clerk |
8 | | of the circuit court, except as provided in an administrative |
9 | | order of the Chief Judge of the circuit court. The clerk of
the |
10 | | circuit court shall pay all moneys collected from these fees |
11 | | to the county
treasurer who shall use the moneys collected to |
12 | | defray the costs of
drug testing, alcohol testing, and |
13 | | electronic monitoring.
The county treasurer shall deposit the |
14 | | fees collected in the
county working cash fund under Section |
15 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
16 | | may be.
The Chief Judge of the circuit court of the county may |
17 | | by administrative order establish a program for electronic |
18 | | monitoring of offenders, in which a vendor supplies and |
19 | | monitors the operation of the electronic monitoring device, |
20 | | and collects the fees on behalf of the county. The program |
21 | | shall include provisions for indigent offenders and the |
22 | | collection of unpaid fees. The program shall not unduly burden |
23 | | the offender and shall be subject to review by the Chief Judge.
|
24 | | The Chief Judge of the circuit court may suspend any |
25 | | additional charges or fees for late payment, interest, or |
26 | | damage to any device. |
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1 | | (h) Jurisdiction over an offender may be transferred from |
2 | | the
sentencing court to the court of another circuit with the |
3 | | concurrence of
both courts. Further transfers or retransfers |
4 | | of
jurisdiction are also
authorized in the same manner. The |
5 | | court to which jurisdiction has been
transferred shall have |
6 | | the same powers as the sentencing court.
The probation |
7 | | department within the circuit to which jurisdiction has been |
8 | | transferred, or which has agreed to provide supervision, may |
9 | | impose probation fees upon receiving the transferred offender, |
10 | | as provided in subsection (i). For all transfer cases, as |
11 | | defined in Section 9b of the Probation and Probation Officers |
12 | | Act, the probation department from the original sentencing |
13 | | court shall retain all probation fees collected prior to the |
14 | | transfer. After the transfer,
all probation fees shall be paid |
15 | | to the probation department within the
circuit to which |
16 | | jurisdiction has been transferred.
|
17 | | (i) The court shall impose upon an offender
sentenced to |
18 | | probation after January 1, 1989 or to conditional discharge
|
19 | | after January 1, 1992 or to community service under the |
20 | | supervision of a
probation or court services department after |
21 | | January 1, 2004, as a condition of such probation or |
22 | | conditional
discharge or supervised community service, a fee |
23 | | of $50
for each month of probation or
conditional
discharge |
24 | | supervision or supervised community service ordered by the |
25 | | court, unless after
determining the inability of the person |
26 | | sentenced to probation or conditional
discharge or supervised |
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1 | | community service to pay the
fee, the court assesses a lesser |
2 | | fee. The court may not impose the fee on a
minor who is placed |
3 | | in the guardianship or custody of the Department of Children |
4 | | and Family Services under the Juvenile Court Act of 1987
while |
5 | | the minor is in placement.
The fee shall be imposed only upon
|
6 | | an offender who is actively supervised by the
probation and |
7 | | court services
department. The fee shall be collected by the |
8 | | clerk
of the circuit court. The clerk of the circuit court |
9 | | shall pay all monies
collected from this fee to the county |
10 | | treasurer for deposit in the
probation and court services fund |
11 | | under Section 15.1 of the
Probation and Probation Officers |
12 | | Act.
|
13 | | A circuit court may not impose a probation fee under this |
14 | | subsection (i) in excess of $25
per month unless the circuit |
15 | | court has adopted, by administrative
order issued by the chief |
16 | | judge, a standard probation fee guide
determining an |
17 | | offender's ability to pay. Of the
amount collected as a |
18 | | probation fee, up to $5 of that fee
collected per month may be |
19 | | used to provide services to crime victims
and their families. |
20 | | The Court may only waive probation fees based on an |
21 | | offender's ability to pay. The probation department may |
22 | | re-evaluate an offender's ability to pay every 6 months, and, |
23 | | with the approval of the Director of Court Services or the |
24 | | Chief Probation Officer, adjust the monthly fee amount. An |
25 | | offender may elect to pay probation fees due in a lump sum.
Any |
26 | | offender that has been assigned to the supervision of a |
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1 | | probation department, or has been transferred either under |
2 | | subsection (h) of this Section or under any interstate |
3 | | compact, shall be required to pay probation fees to the |
4 | | department supervising the offender, based on the offender's |
5 | | ability to pay.
|
6 | | Public Act 93-970 deletes the $10 increase in the fee |
7 | | under this subsection that was imposed by Public Act 93-616. |
8 | | This deletion is intended to control over any other Act of the |
9 | | 93rd General Assembly that retains or incorporates that fee |
10 | | increase. |
11 | | (i-5) In addition to the fees imposed under subsection (i) |
12 | | of this Section, in the case of an offender convicted of a |
13 | | felony sex offense (as defined in the Sex Offender Management |
14 | | Board Act) or an offense that the court or probation |
15 | | department has determined to be sexually motivated (as defined |
16 | | in the Sex Offender Management Board Act), the court or the |
17 | | probation department shall assess additional fees to pay for |
18 | | all costs of treatment, assessment, evaluation for risk and |
19 | | treatment, and monitoring the offender, based on that |
20 | | offender's ability to pay those costs either as they occur or |
21 | | under a payment plan. |
22 | | (j) All fines and costs imposed under this Section for any |
23 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
24 | | Code, or a similar
provision of a local ordinance, and any |
25 | | violation of the Child Passenger
Protection Act, or a similar |
26 | | provision of a local ordinance, shall be
collected and |
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1 | | disbursed by the circuit clerk as provided under the Criminal |
2 | | and Traffic Assessment Act.
|
3 | | (k) Any offender who is sentenced to probation or |
4 | | conditional discharge for a felony sex offense as defined in |
5 | | the Sex Offender Management Board Act or any offense that the |
6 | | court or probation department has determined to be sexually |
7 | | motivated as defined in the Sex Offender Management Board Act |
8 | | shall be required to refrain from any contact, directly or |
9 | | indirectly, with any persons specified by the court and shall |
10 | | be available for all evaluations and treatment programs |
11 | | required by the court or the probation department.
|
12 | | (l) The court may order an offender who is sentenced to |
13 | | probation or conditional
discharge for a violation of an order |
14 | | of protection be placed under electronic surveillance as |
15 | | provided in Section 5-8A-7 of this Code. |
16 | | (m) Except for restitution, and assessments issued for |
17 | | adjudications under Section 5-125 of the Juvenile Court Act of |
18 | | 1987, fines and assessments, such as fees or administrative |
19 | | costs, authorized under this Section shall not be ordered or |
20 | | imposed on 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. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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1 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
2 | | Sec. 5-6-3.1. Incidents and conditions of supervision.
|
3 | | (a) When a defendant is placed on supervision, the court |
4 | | shall enter
an order for supervision specifying the period of |
5 | | such supervision, and
shall defer further proceedings in the |
6 | | case until the conclusion of the
period.
|
7 | | (b) The period of supervision shall be reasonable under |
8 | | all of the
circumstances of the case, but may not be longer |
9 | | than 2 years, unless the
defendant has failed to pay the |
10 | | assessment required by Section 10.3 of the
Cannabis Control |
11 | | Act,
Section 411.2 of the Illinois Controlled
Substances Act, |
12 | | or Section 80 of the Methamphetamine Control and Community |
13 | | Protection Act, in which case the court may extend supervision |
14 | | beyond 2 years.
Additionally, the court shall order the |
15 | | defendant to perform no less than 30
hours of community |
16 | | service and not more than 120 hours of community service, if
|
17 | | community service is available in the
jurisdiction and is |
18 | | funded and approved by the county board where the offense
was |
19 | | committed,
when the offense (1) was
related to or in |
20 | | furtherance of the criminal activities of an organized gang or
|
21 | | was motivated by the defendant's membership in or allegiance |
22 | | to an organized
gang; or (2) is a violation of any Section of |
23 | | Article 24 of the Criminal
Code of 1961 or the Criminal Code of |
24 | | 2012 where a disposition of supervision is not prohibited by |
25 | | Section
5-6-1 of this Code.
The
community service shall |
26 | | include, but not be limited to, the cleanup and repair
of any |
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1 | | damage caused by violation of Section 21-1.3 of the Criminal |
2 | | Code of
1961 or the Criminal Code of 2012 and similar damages |
3 | | to property located within the municipality or county
in which |
4 | | the violation occurred. Where possible and reasonable, the |
5 | | community
service should be performed in the offender's |
6 | | neighborhood.
|
7 | | For the purposes of this
Section, "organized gang" has the |
8 | | meaning ascribed to it in Section 10 of the
Illinois |
9 | | Streetgang Terrorism Omnibus Prevention Act.
|
10 | | (c) The court may in addition to other reasonable |
11 | | conditions
relating to the nature of the offense or the |
12 | | rehabilitation of the
defendant as determined for each |
13 | | defendant in the proper discretion of
the court require that |
14 | | the person:
|
15 | | (1) make a report to and appear in person before or |
16 | | participate with
the court or such courts, person, or |
17 | | social service agency as directed
by the court in the |
18 | | order of supervision;
|
19 | | (2) pay a fine and costs;
|
20 | | (3) work or pursue a course of study or vocational |
21 | | training;
|
22 | | (4) undergo medical, psychological or psychiatric |
23 | | treatment; or
treatment for drug addiction or alcoholism;
|
24 | | (5) attend or reside in a facility established for the |
25 | | instruction
or residence of defendants on probation;
|
26 | | (6) support his dependents;
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1 | | (7) refrain from possessing a firearm or other |
2 | | dangerous weapon;
|
3 | | (8) and in addition, if a minor:
|
4 | | (i) reside with his parents or in a foster home;
|
5 | | (ii) attend school;
|
6 | | (iii) attend a non-residential program for youth;
|
7 | | (iv) provide nonfinancial contributions contribute |
8 | | to his own support at home or in a foster home; or
|
9 | | (v) with the consent of the superintendent of the
|
10 | | facility, attend an educational program at a facility |
11 | | other than the school
in which the
offense was |
12 | | committed if he
or she is placed on supervision for a |
13 | | crime of violence as
defined in
Section 2 of the Crime |
14 | | Victims Compensation Act committed in a school, on the
|
15 | | real
property
comprising a school, or within 1,000 |
16 | | feet of the real property comprising a
school;
|
17 | | (9) make restitution or reparation in an amount not to |
18 | | exceed actual
loss or damage to property and pecuniary |
19 | | loss or make restitution under Section
5-5-6 to a domestic |
20 | | violence shelter. The court shall
determine the amount and |
21 | | conditions of payment;
|
22 | | (10) perform some reasonable public or community |
23 | | service;
|
24 | | (11) comply with the terms and conditions of an order |
25 | | of protection
issued by the court pursuant to the Illinois |
26 | | Domestic Violence Act of 1986 or
an order of protection |
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1 | | issued by the court of another state, tribe, or United
|
2 | | States territory.
If the court has ordered the defendant |
3 | | to make a report and appear in
person under paragraph (1) |
4 | | of this subsection, a copy of the order of
protection |
5 | | shall be transmitted to the person or agency so designated
|
6 | | by the court;
|
7 | | (12) reimburse any "local anti-crime program" as |
8 | | defined in Section 7 of
the Anti-Crime Advisory Council |
9 | | Act for any reasonable expenses incurred by the
program on |
10 | | the offender's case, not to exceed the maximum amount of |
11 | | the
fine authorized for the offense for which the |
12 | | defendant was sentenced;
|
13 | | (13) contribute a reasonable sum of money, not to
|
14 | | exceed the maximum amount of the fine authorized for the |
15 | | offense for which
the defendant was sentenced, (i) to a |
16 | | "local anti-crime program", as defined
in Section 7 of the |
17 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
18 | | under the jurisdiction of the Department of Natural |
19 | | Resources, to the fund established by the Department of |
20 | | Natural Resources for the purchase of evidence for |
21 | | investigation purposes and to conduct investigations as |
22 | | outlined in Section 805-105 of the Department of Natural |
23 | | Resources (Conservation) Law;
|
24 | | (14) refrain from entering into a designated |
25 | | geographic area except
upon such terms as the court finds |
26 | | appropriate. Such terms may include
consideration of the |
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1 | | purpose of the entry, the time of day, other persons
|
2 | | accompanying the defendant, and advance approval by a |
3 | | probation officer;
|
4 | | (15) refrain from having any contact, directly or |
5 | | indirectly, with
certain specified persons or particular |
6 | | types of person, including but not
limited to members of |
7 | | street gangs and drug users or dealers;
|
8 | | (16) 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;
|
15 | | (17) refrain from operating any motor vehicle not |
16 | | equipped with an
ignition interlock device as defined in |
17 | | Section 1-129.1 of the Illinois
Vehicle Code; under this |
18 | | condition the court may allow a defendant who is not
|
19 | | self-employed to operate a vehicle owned by the |
20 | | defendant's employer that is
not equipped with an ignition |
21 | | interlock device in the course and scope of the
|
22 | | defendant's employment; and
|
23 | | (18) if placed on supervision for a sex offense as |
24 | | defined in subsection (a-5) of Section 3-1-2 of this Code, |
25 | | unless the offender is a parent or guardian of the person |
26 | | under 18 years of age present in the home and no |
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1 | | non-familial minors are present, not participate in a |
2 | | holiday event involving
children
under 18 years of age, |
3 | | such as distributing candy or other items to children on
|
4 | | Halloween,
wearing a Santa Claus costume on or preceding |
5 | | Christmas, being employed as a
department store Santa |
6 | | Claus, or wearing an Easter Bunny costume on or
preceding
|
7 | | Easter. |
8 | | (c-5) If payment of restitution as ordered has not been |
9 | | made, the victim shall file a
petition notifying the |
10 | | sentencing court, any other person to whom restitution is |
11 | | owed, and
the State's Attorney of the status of the ordered |
12 | | restitution payments unpaid at least 90
days before the |
13 | | supervision expiration date. If payment as ordered has not |
14 | | been made, the
court shall hold a review hearing prior to the |
15 | | expiration date, unless the hearing
is voluntarily waived by |
16 | | the defendant with the knowledge that waiver may result in an
|
17 | | extension of the supervision period or in a revocation of |
18 | | supervision. If the court does not
extend supervision, it |
19 | | shall issue a judgment for the unpaid restitution and direct |
20 | | the clerk
of the circuit court to file and enter the judgment |
21 | | in the judgment and lien docket, without
fee, unless it finds |
22 | | that the victim has recovered a judgment against the
defendant |
23 | | for the amount covered by the restitution order. If the court |
24 | | issues a
judgment for the unpaid restitution, the court shall |
25 | | send to the defendant at his or her last known
address written |
26 | | notification that a civil judgment has been issued for the |
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1 | | unpaid
restitution. |
2 | | (d) The court shall defer entering any judgment on the |
3 | | charges
until the conclusion of the supervision.
|
4 | | (e) At the conclusion of the period of supervision, if the |
5 | | court
determines that the defendant has successfully complied |
6 | | with all of the
conditions of supervision, the court shall |
7 | | discharge the defendant and
enter a judgment dismissing the |
8 | | charges.
|
9 | | (f) Discharge and dismissal upon a successful conclusion |
10 | | of a
disposition of supervision shall be deemed without |
11 | | adjudication of guilt
and shall not be termed a conviction for |
12 | | purposes of disqualification or
disabilities imposed by law |
13 | | upon conviction of a crime. Two years after the
discharge and |
14 | | dismissal under this Section, unless the disposition of
|
15 | | supervision was for a violation of Sections 3-707, 3-708, |
16 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
17 | | similar
provision of a local ordinance, or for a violation of |
18 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 |
19 | | or the Criminal Code of 2012, in which case it shall be 5
years |
20 | | after discharge and dismissal, a person may have his record
of |
21 | | arrest sealed or expunged as may be provided by law. However, |
22 | | any
defendant placed on supervision before January 1, 1980, |
23 | | may move for
sealing or expungement of his arrest record, as |
24 | | provided by law, at any
time after discharge and dismissal |
25 | | under this Section.
A person placed on supervision for a |
26 | | sexual offense committed against a minor
as defined in clause |
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1 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or |
2 | | for a violation of Section 11-501 of the Illinois Vehicle Code |
3 | | or a
similar provision of a local ordinance
shall not have his |
4 | | or her record of arrest sealed or expunged.
|
5 | | (g) A defendant placed on supervision and who during the |
6 | | period of
supervision undergoes mandatory drug or alcohol |
7 | | testing, or both, or is
assigned to be placed on an approved |
8 | | electronic monitoring device, shall be
ordered to pay the |
9 | | costs incidental to such mandatory drug or alcohol
testing, or |
10 | | both, and costs incidental to such approved electronic
|
11 | | monitoring in accordance with the defendant's ability to pay |
12 | | those costs.
The county board with the concurrence of the |
13 | | Chief Judge of the judicial
circuit in which the county is |
14 | | located shall establish reasonable fees for
the cost of |
15 | | maintenance, testing, and incidental expenses related to the
|
16 | | mandatory drug or alcohol testing, or both, and all costs |
17 | | incidental to
approved electronic monitoring, of all |
18 | | defendants placed on supervision.
The concurrence of the Chief |
19 | | Judge shall be in the form of an
administrative order.
The fees |
20 | | shall be collected by the clerk of the circuit court, except as |
21 | | provided in an administrative order of the Chief Judge of the |
22 | | circuit court. The clerk of
the circuit court shall pay all |
23 | | moneys collected from these fees to the county
treasurer who |
24 | | shall use the moneys collected to defray the costs of
drug |
25 | | testing, alcohol testing, and electronic monitoring.
The |
26 | | county treasurer shall deposit the fees collected in the
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1 | | county working cash fund under Section 6-27001 or Section |
2 | | 6-29002 of the
Counties Code, as the case may be.
|
3 | | The Chief Judge of the circuit court of the county may by |
4 | | administrative order establish a program for electronic |
5 | | monitoring of offenders, in which a vendor supplies and |
6 | | monitors the operation of the electronic monitoring device, |
7 | | and collects the fees on behalf of the county. The program |
8 | | shall include provisions for indigent offenders and the |
9 | | collection of unpaid fees. The program shall not unduly burden |
10 | | the offender and shall be subject to review by the Chief Judge. |
11 | | The Chief Judge of the circuit court may suspend any |
12 | | additional charges or fees for late payment, interest, or |
13 | | damage to any device. |
14 | | (h) A disposition of supervision is a final order for the |
15 | | purposes
of appeal.
|
16 | | (i) The court shall impose upon a defendant placed on |
17 | | supervision
after January 1, 1992 or to community service |
18 | | under the supervision of a
probation or court services |
19 | | department after January 1, 2004, as a condition
of |
20 | | supervision or supervised community service, a fee of $50 for
|
21 | | each month of supervision or supervised community service |
22 | | ordered by the
court, unless after
determining the inability |
23 | | of the person placed on supervision or supervised
community |
24 | | service to pay the
fee, the court assesses a lesser fee. The |
25 | | court may not impose the fee on a
minor who is placed in the |
26 | | guardianship or custody of the Department of Children and |
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1 | | Family Services under the Juvenile Court Act of 1987
while the |
2 | | minor is in placement.
The fee shall be imposed only upon a
|
3 | | defendant who is actively supervised by the
probation and |
4 | | court services
department. The fee shall be collected by the |
5 | | clerk of the circuit court.
The clerk of the circuit court |
6 | | shall pay all monies collected from this fee
to the county |
7 | | treasurer for deposit in the probation and court services
fund |
8 | | pursuant to Section 15.1 of the Probation and
Probation |
9 | | Officers Act.
|
10 | | A circuit court may not impose a probation fee in excess of |
11 | | $25
per month unless the circuit court has adopted, by |
12 | | administrative
order issued by the chief judge, a standard |
13 | | probation fee guide
determining an offender's ability to pay. |
14 | | Of the
amount collected as a probation fee, not to exceed $5 of |
15 | | that fee
collected per month may be used to provide services to |
16 | | crime victims
and their families. |
17 | | The Court may only waive probation fees based on an |
18 | | offender's ability to pay. The probation department may |
19 | | re-evaluate an offender's ability to pay every 6 months, and, |
20 | | with the approval of the Director of Court Services or the |
21 | | Chief Probation Officer, adjust the monthly fee amount. An |
22 | | offender may elect to pay probation fees due in a lump sum.
Any |
23 | | offender that has been assigned to the supervision of a |
24 | | probation department, or has been transferred either under |
25 | | subsection (h) of this Section or under any interstate |
26 | | compact, shall be required to pay probation fees to the |
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1 | | department supervising the offender, based on the offender's |
2 | | ability to pay.
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3 | | (j) All fines and costs imposed under this Section for any
|
4 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
5 | | Code, or a
similar provision of a local ordinance, and any |
6 | | violation of the Child
Passenger Protection Act, or a similar |
7 | | provision of a local ordinance, shall
be collected and |
8 | | disbursed by the circuit clerk as provided under the Criminal |
9 | | and Traffic Assessment Act.
|
10 | | (k) A defendant at least 17 years of age who is placed on |
11 | | supervision
for a misdemeanor in a county of 3,000,000 or more |
12 | | inhabitants
and who has not been previously convicted of a |
13 | | misdemeanor or felony
may as a condition of his or her |
14 | | supervision be required by the court to
attend educational |
15 | | courses designed to prepare the defendant for a high school
|
16 | | diploma and to work toward a high school diploma or to work |
17 | | toward passing high school equivalency testing or to work
|
18 | | toward completing a vocational training program approved by |
19 | | the court. The
defendant placed on supervision must attend a |
20 | | public institution of education
to obtain the educational or |
21 | | vocational training required by this subsection
(k). The |
22 | | defendant placed on supervision shall be required to pay for |
23 | | the cost
of the educational courses or high school equivalency |
24 | | testing if a fee is charged for those courses
or testing. The |
25 | | court shall revoke the supervision of a person who wilfully |
26 | | fails
to comply with this subsection (k). The court shall |
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1 | | resentence the defendant
upon revocation of supervision as |
2 | | provided in Section 5-6-4. This subsection
(k) does not apply |
3 | | to a defendant who has a high school diploma or has
|
4 | | successfully passed high school equivalency testing. This |
5 | | subsection (k) does not apply to a
defendant who is determined |
6 | | by the court to be a person with a developmental disability or
|
7 | | otherwise mentally incapable of completing the
educational or |
8 | | vocational program.
|
9 | | (l) The court shall require a defendant placed on |
10 | | supervision for
possession of a substance
prohibited by the |
11 | | Cannabis Control Act, the Illinois Controlled Substances Act, |
12 | | or the Methamphetamine Control and Community Protection Act
|
13 | | after a previous conviction or disposition of supervision for |
14 | | possession of a
substance prohibited by the Cannabis Control |
15 | | Act, the Illinois Controlled
Substances Act, or the |
16 | | Methamphetamine Control and Community Protection Act or a |
17 | | sentence of probation under Section 10 of the Cannabis
Control |
18 | | Act or Section 410 of the Illinois Controlled Substances Act
|
19 | | and after a finding by the court that the person is addicted, |
20 | | to undergo
treatment at a substance abuse program approved by |
21 | | the court.
|
22 | | (m) The Secretary of State shall require anyone placed on |
23 | | court supervision
for a
violation of Section 3-707 of the |
24 | | Illinois Vehicle Code or a similar provision
of a local |
25 | | ordinance
to give proof of his or her financial
responsibility |
26 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The |
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1 | | proof shall be
maintained by the individual in a manner |
2 | | satisfactory to the Secretary of State
for
a
minimum period of |
3 | | 3 years after the date the proof is first filed.
The proof |
4 | | shall be limited to a single action per arrest and may not be
|
5 | | affected by any post-sentence disposition. The Secretary of |
6 | | State shall
suspend the driver's license of any person
|
7 | | determined by the Secretary to be in violation of this |
8 | | subsection. This subsection does not apply to a person who, at |
9 | | the time of the offense, was operating a motor vehicle |
10 | | registered in a state other than Illinois. |
11 | | (n) Any offender placed on supervision for any offense |
12 | | that the court or probation department has determined to be |
13 | | sexually motivated as defined in the Sex Offender Management |
14 | | Board Act shall be required to refrain from any contact, |
15 | | directly or indirectly, with any persons specified by the |
16 | | court and shall be available for all evaluations and treatment |
17 | | programs required by the court or the probation department.
|
18 | | (o) An offender placed on supervision for a sex offense as |
19 | | defined in the Sex Offender
Management Board Act shall refrain |
20 | | from residing at the same address or in the same condominium |
21 | | unit or apartment unit or in the same condominium complex or |
22 | | apartment complex with another person he or she knows or |
23 | | reasonably should know is a convicted sex offender or has been |
24 | | placed on supervision for a sex offense. The provisions of |
25 | | this subsection (o) do not apply to a person convicted of a sex |
26 | | offense who is placed in a Department of Corrections licensed |
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1 | | transitional housing facility for sex offenders. |
2 | | (p) An offender placed on supervision for an offense |
3 | | committed on or after June 1, 2008
(the effective date of |
4 | | Public Act 95-464)
that would qualify the accused as a child |
5 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
7 | | refrain from communicating with or contacting, by means of the |
8 | | Internet, a person who is not related to the accused and whom |
9 | | the accused reasonably believes to be under 18 years of age. |
10 | | For purposes of this subsection (p), "Internet" has the |
11 | | meaning ascribed to it in Section 16-0.1 of the Criminal Code |
12 | | of 2012; and a person is not related to the accused if the |
13 | | person is not: (i) the spouse, brother, or sister of the |
14 | | accused; (ii) a descendant of the accused; (iii) a first or |
15 | | second cousin of the accused; or (iv) a step-child or adopted |
16 | | child of the accused.
|
17 | | (q) An offender placed on supervision for an offense |
18 | | committed on or after June 1, 2008
(the effective date of |
19 | | Public Act 95-464)
that would qualify the accused as a child |
20 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
21 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so |
22 | | ordered by the court, refrain from communicating with or |
23 | | contacting, by means of the Internet, a person who is related |
24 | | to the accused and whom the accused reasonably believes to be |
25 | | under 18 years of age. For purposes of this subsection (q), |
26 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of |
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1 | | the Criminal Code of 2012; and a person is related to the |
2 | | accused if the person is: (i) the spouse, brother, or sister of |
3 | | the accused; (ii) a descendant of the accused; (iii) a first or |
4 | | second cousin of the accused; or (iv) a step-child or adopted |
5 | | child of the accused.
|
6 | | (r) An offender placed on supervision for an offense under |
7 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a |
8 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or |
9 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
10 | | 2012, or any attempt to commit any of these offenses, |
11 | | committed on or after June 1, 2009 (the effective date of |
12 | | Public Act 95-983) shall: |
13 | | (i) not access or use a computer or any other device |
14 | | with Internet capability without the prior written |
15 | | approval of the court, except in connection with the |
16 | | offender's employment or search for employment with the |
17 | | prior approval of the court; |
18 | | (ii) submit to periodic unannounced examinations of |
19 | | the offender's computer or any other device with Internet |
20 | | capability by the offender's probation officer, a law |
21 | | enforcement officer, or assigned computer or information |
22 | | technology specialist, including the retrieval and copying |
23 | | of all data from the computer or device and any internal or |
24 | | external peripherals and removal of such information, |
25 | | equipment, or device to conduct a more thorough |
26 | | inspection; |
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1 | | (iii) submit to the installation on the offender's |
2 | | computer or device with Internet capability, at the |
3 | | offender's expense, of one or more hardware or software |
4 | | systems to monitor the Internet use; and |
5 | | (iv) submit to any other appropriate restrictions |
6 | | concerning the offender's use of or access to a computer |
7 | | or any other device with Internet capability imposed by |
8 | | the court. |
9 | | (s) An offender placed on supervision for an offense that |
10 | | is a sex offense as defined in Section 2 of the Sex Offender |
11 | | Registration Act that is committed on or after January 1, 2010 |
12 | | (the effective date of Public Act 96-362) that requires the |
13 | | person to register as a sex offender under that Act, may not |
14 | | knowingly use any computer scrub software on any computer that |
15 | | the sex offender uses. |
16 | | (t) An offender placed on supervision for a sex offense as |
17 | | defined in the Sex Offender
Registration Act committed on or |
18 | | after January 1, 2010 (the effective date of Public Act |
19 | | 96-262) shall refrain from accessing or using a social |
20 | | networking website as defined in Section 17-0.5 of the |
21 | | Criminal Code of 2012. |
22 | | (u) Jurisdiction over an offender may be transferred from |
23 | | the sentencing court to the court of another circuit with the |
24 | | concurrence of both courts. Further transfers or retransfers |
25 | | of jurisdiction are also authorized in the same manner. The |
26 | | court to which jurisdiction has been transferred shall have |
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1 | | the same powers as the sentencing court. The probation |
2 | | department within the circuit to which jurisdiction has been |
3 | | transferred may impose probation fees upon receiving the |
4 | | transferred offender, as provided in subsection (i). The |
5 | | probation department from the original sentencing court shall |
6 | | retain all probation fees collected prior to the transfer. |
7 | | (v) Except for restitution, and assessments issued for |
8 | | adjudications under Section 5-125 of the Juvenile Court Act of |
9 | | 1987, fines and assessments, such as fees or administrative |
10 | | costs, authorized under this Section shall not be ordered or |
11 | | imposed on a minor subject to Article III, IV, or V of the |
12 | | Juvenile Court Act of 1987, or a minor under the age of 18 |
13 | | transferred to adult court or excluded from juvenile court |
14 | | jurisdiction under Article V of the Juvenile Court Act of |
15 | | 1987, or the minor's parent, guardian, or legal custodian. |
16 | | (Source: P.A. 102-299, eff. 8-6-21.)
|
17 | | (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
|
18 | | Sec. 5-7-6. Duty of Clerk of Court or the Department of |
19 | | Corrections; collection and disposition of compensation.
|
20 | | (a) Every gainfully employed offender shall be responsible |
21 | | for managing his
or her earnings. The clerk of the circuit |
22 | | court shall have only those
responsibilities regarding an |
23 | | offender's earnings as are set forth in this
Section.
|
24 | | Every offender, including offenders who are sentenced to |
25 | | periodic
imprisonment for weekends only, gainfully employed
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1 | | shall pay a fee for room and board at a rate established, with |
2 | | the
concurrence of the chief judge of the judicial circuit, by |
3 | | the county board of
the county in which the offender is |
4 | | incarcerated. The concurrence of the chief
judge shall be in |
5 | | the form of an administrative order. In establishing the fee
|
6 | | for room and board consideration may be given to all costs |
7 | | incidental to the
incarceration of offenders. If an offender |
8 | | is necessarily absent from the
institution at mealtime he or |
9 | | she shall, without additional charge, be
furnished with a meal |
10 | | to carry to work. Each week, on a day designated by the
clerk |
11 | | of the circuit court,
every offender shall pay the clerk the |
12 | | fees for the offender's room and board. Failure to pay the |
13 | | clerk
on the day designated shall result in the termination of |
14 | | the offender's
release.
All fees for room and board collected |
15 | | by the circuit court clerk shall be
disbursed into the |
16 | | county's General Corporate Fund.
|
17 | | By order of the court, all or a portion of the earnings of
|
18 | | employed offenders shall be turned over to the clerk to be |
19 | | distributed
for the following purposes, in the order stated:
|
20 | | (1) the room and board of the offender;
|
21 | | (2) necessary travel expenses to and from work and |
22 | | other incidental
expenses of the offender, when those |
23 | | expenses are incurred by the
administrator of the |
24 | | offender's imprisonment;
|
25 | | (3) support of the offender's dependents, if any.
|
26 | | (b) If the offender has one or more dependents who are |
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1 | | recipients of
financial assistance pursuant to the Illinois |
2 | | Public Aid Code, or who are
residents of a State hospital, |
3 | | State school or foster care facility
provided by the State, |
4 | | the court shall order the offender to turn over
all or a |
5 | | portion of his earnings to the clerk who shall, after making
|
6 | | the deductions provided for under paragraph
(a), distribute |
7 | | those earnings to the appropriate agency
as reimbursement for |
8 | | the cost of care of such dependents. The order shall
permit the |
9 | | Department of Human Services (acting as successor to the |
10 | | Illinois
Department of Public Aid under the Department of |
11 | | Human Services Act) or the
local governmental
unit, as the |
12 | | case may be, to request the clerk that subsequent payments be
|
13 | | made directly to the dependents, or to some agency or person in |
14 | | their
behalf, upon removal of the dependents from the public |
15 | | aid rolls; and upon
such direction and removal of the |
16 | | recipients from the public aid rolls, the
Department of Human |
17 | | Services or the local governmental unit, as the
case requires, |
18 | | shall give written notice of such action to the court. |
19 | | Payments
received by the Department of Human Services or by
|
20 | | governmental units in behalf of recipients of public aid shall |
21 | | be deposited
into the General Revenue Fund of the State |
22 | | Treasury or General Assistance
Fund of the governmental unit, |
23 | | under Section 10-19 of the Illinois Public
Aid Code.
|
24 | | (c) The clerk of the circuit court shall keep individual |
25 | | accounts of all
money collected by him as required by this |
26 | | Article. He shall deposit all
moneys as trustee in a |
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1 | | depository designated by the county board and shall
make |
2 | | payments required by the court's order from such trustee |
3 | | account. Such
accounts shall be subject to audit in the same |
4 | | manner as accounts of the
county are audited.
|
5 | | (d) If an institution or the Department of Corrections |
6 | | certifies to the
court that it can administer this Section |
7 | | with respect to persons committed
to it under this Article, |
8 | | the clerk of the court shall be relieved of its
duties under |
9 | | this Section and they shall be assumed by such institution or
|
10 | | the Department.
|
11 | | (e) Fines and assessments, such as fees or administrative |
12 | | costs, authorized under this Section shall not be ordered or |
13 | | imposed on a minor subject to Article III, IV, or V of the |
14 | | Juvenile Court Act of 1987, or a minor under the age of 18 |
15 | | transferred to adult court or excluded from juvenile court |
16 | | jurisdiction under Article V of the Juvenile Court Act of |
17 | | 1987, or the minor's parent, guardian, or legal custodian. |
18 | | (Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)
|
19 | | (730 ILCS 5/5-8A-6)
|
20 | | Sec. 5-8A-6. Electronic monitoring of certain sex |
21 | | offenders. For a sexual predator subject to electronic |
22 | | monitoring under paragraph (7.7) of subsection (a) of Section |
23 | | 3-3-7, the Department of Corrections must use a system that |
24 | | actively monitors and identifies the offender's current |
25 | | location and timely reports or records the offender's presence |
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1 | | and that alerts the Department of the offender's presence |
2 | | within a prohibited area described in Section 11-9.3 of the |
3 | | Criminal Code of 2012, in a court order, or as a condition of |
4 | | the offender's parole, mandatory supervised release, or |
5 | | extended mandatory supervised release and the offender's |
6 | | departure from specified geographic limitations. To the extent |
7 | | that he or she is able to do so, which the Department of |
8 | | Corrections by rule shall determine, the offender must pay for |
9 | | the cost of the electronic monitoring. Fines and assessments, |
10 | | such as fees or administrative costs, authorized under this |
11 | | Section shall not be ordered or imposed on a minor subject to |
12 | | Article III, IV, or V of the Juvenile Court Act of 1987, or a |
13 | | minor under the age of 18 transferred to adult court or |
14 | | excluded from juvenile court jurisdiction under Article V of |
15 | | the Juvenile Court Act of 1987, or the minor's parent, |
16 | | guardian, or legal custodian.
|
17 | | (Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
|
18 | | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
|
19 | | Sec. 5-9-1.4. (a) "Crime laboratory" means any |
20 | | not-for-profit
laboratory registered with the Drug Enforcement |
21 | | Administration of the
United States Department of Justice, |
22 | | substantially funded by a unit or
combination of units of |
23 | | local government or the State of Illinois, which
regularly |
24 | | employs at least one person engaged in the analysis
of |
25 | | controlled substances, cannabis, methamphetamine, or steroids |
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1 | | for criminal justice
agencies in criminal matters and provides |
2 | | testimony with respect to such
examinations.
|
3 | | (b) (Blank).
|
4 | | (c) (Blank). In addition to any other disposition made |
5 | | pursuant to the provisions
of the Juvenile Court Act of 1987, |
6 | | any minor adjudicated delinquent for an
offense
which if |
7 | | committed by an adult would constitute a violation of the |
8 | | Cannabis
Control Act, the Illinois Controlled Substances Act, |
9 | | the Methamphetamine Control and Community Protection Act, or |
10 | | the Steroid Control
Act shall be required to pay a criminal |
11 | | laboratory analysis assessment of $100
for each
adjudication.
|
12 | | Upon verified petition of the minor, the court may suspend |
13 | | payment of
all or part of the assessment if it finds that the |
14 | | minor does not have the ability
to pay the assessment.
The |
15 | | parent, guardian, or legal custodian of the minor may pay
some |
16 | | or all of such assessment on the minor's behalf.
|
17 | | (c-1) A criminal laboratory analysis assessment, or |
18 | | equivalent fine or assessment, such as fees or administrative |
19 | | costs, shall not be ordered or imposed on a minor subject to |
20 | | Article III, IV, or V of the Juvenile Court Act of 1987, or a |
21 | | minor under the age of 18 transferred to adult court or |
22 | | excluded from juvenile court jurisdiction under Article V of |
23 | | the Juvenile Court Act of 1987, or the minor's parent, |
24 | | guardian, or legal custodian. |
25 | | (d) Notwithstanding subsection (c-1) of this Section, all |
26 | | funds All criminal laboratory analysis fees provided for by |
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1 | | this Section shall
be collected by the clerk of the court and |
2 | | forwarded to the appropriate
crime laboratory fund as provided |
3 | | in subsection (f).
|
4 | | (e) Crime laboratory funds shall be established as |
5 | | follows:
|
6 | | (1) Any unit of local government which maintains a |
7 | | crime laboratory may
establish a crime laboratory fund |
8 | | within the office of the county or municipal treasurer.
|
9 | | (2) Any combination of units of local government which |
10 | | maintains a crime
laboratory may establish a crime |
11 | | laboratory fund within the office of the
treasurer of the |
12 | | county where the crime laboratory is situated.
|
13 | | (3) The State Crime Laboratory Fund is hereby
created |
14 | | as a special fund in the State Treasury. Notwithstanding |
15 | | any other provision of law to the contrary, and in |
16 | | addition to any other transfers that may be provided by |
17 | | law, on August 20, 2021 (the effective date of Public Act |
18 | | 102-505), or as soon thereafter as practical, the State |
19 | | Comptroller shall direct and the State Treasurer shall |
20 | | transfer the remaining balance from the State Offender DNA |
21 | | Identification System
Fund into the State Crime Laboratory |
22 | | Fund. Upon completion of the transfer, the State Offender |
23 | | DNA Identification System
Fund is dissolved, and any |
24 | | future deposits due to that Fund and any outstanding |
25 | | obligations or liabilities of that Fund shall pass to the |
26 | | State Crime Laboratory Fund.
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1 | | (f) Funds The analysis assessment provided for in |
2 | | subsection (c) of this
Section shall be forwarded to the |
3 | | office of the treasurer of the unit of
local government that |
4 | | performed the analysis if that unit of local
government has |
5 | | established a crime laboratory fund, or to the State Crime
|
6 | | Laboratory Fund if the analysis was performed by a laboratory |
7 | | operated by
the Illinois State Police. If the analysis was |
8 | | performed by a crime
laboratory funded by a combination of |
9 | | units of local government, the
funds analysis assessment shall |
10 | | be forwarded to the treasurer of the
county where the crime |
11 | | laboratory is situated if a crime laboratory fund
has been |
12 | | established in that county. If the unit of local government or
|
13 | | combination of units of local government has not established a |
14 | | crime
laboratory fund, then the funds analysis assessment |
15 | | shall be forwarded to the State
Crime Laboratory Fund.
|
16 | | (g) Moneys deposited into a crime laboratory fund created |
17 | | pursuant to paragraph
(1) or (2) of subsection (e) of this |
18 | | Section shall be in
addition to any allocations made pursuant |
19 | | to existing law and shall be
designated for the exclusive use |
20 | | of the crime laboratory. These uses may
include, but are not |
21 | | limited to, the following:
|
22 | | (1) costs incurred in providing analysis for |
23 | | controlled substances in
connection with criminal |
24 | | investigations conducted within this State;
|
25 | | (2) purchase and maintenance of equipment for use in |
26 | | performing analyses; and
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1 | | (3) continuing education, training, and professional |
2 | | development of
forensic
scientists regularly employed by |
3 | | these laboratories.
|
4 | | (h) Moneys deposited in the State Crime Laboratory Fund |
5 | | created pursuant
to paragraph (3) of subsection (d) of this |
6 | | Section shall be used by State
crime laboratories as |
7 | | designated by the Director of the Illinois State Police. These
|
8 | | funds shall be in addition to any allocations made pursuant to |
9 | | existing law
and shall be designated for the exclusive use of |
10 | | State crime laboratories or for the sexual assault evidence |
11 | | tracking system created under Section 50 of the Sexual Assault |
12 | | Evidence Submission Act.
These uses may include those |
13 | | enumerated in subsection (g) of this Section.
|
14 | | (Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21; |
15 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
16 | | (730 ILCS 5/5-9-1.9)
|
17 | | Sec. 5-9-1.9. DUI analysis fee .
|
18 | | (a) "Crime laboratory" means a not-for-profit laboratory |
19 | | substantially
funded by a single unit or combination of units |
20 | | of local government or the
State of
Illinois that regularly |
21 | | employs at least one person engaged in the DUI
analysis of |
22 | | blood, other bodily substance, and urine for criminal justice |
23 | | agencies in criminal matters
and provides testimony with |
24 | | respect to such examinations.
|
25 | | "DUI analysis" means an analysis of blood, other bodily |
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1 | | substance, or urine for purposes of
determining whether a |
2 | | violation of Section 11-501 of the Illinois Vehicle Code
has |
3 | | occurred.
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4 | | (b) (Blank).
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5 | | (c) (Blank). In addition to any other disposition made |
6 | | under the provisions of
the Juvenile Court Act of 1987, any |
7 | | minor adjudicated delinquent for an offense
which if committed |
8 | | by an adult would constitute a violation of Section 11-501
of |
9 | | the Illinois Vehicle Code shall pay a crime laboratory DUI |
10 | | analysis assessment
of $150 for each adjudication. Upon |
11 | | verified petition of the minor, the
court may suspend payment |
12 | | of all or part of the assessment if it finds
that the minor |
13 | | does not have the ability to pay the assessment. The parent, |
14 | | guardian,
or legal custodian of the minor may pay some or all |
15 | | of the assessment on the minor's
behalf.
|
16 | | (c-1) A criminal laboratory DUI analysis assessment, or |
17 | | equivalent fine or assessment, such as fees or administrative |
18 | | costs, shall not be ordered or imposed on a minor subject to |
19 | | Article III, IV, or V of the Juvenile Court Act of 1987, or a |
20 | | minor under the age of 18 transferred to adult court or |
21 | | excluded from juvenile court jurisdiction under Article V of |
22 | | the Juvenile Court Act of 1987, or the minor's parent, |
23 | | guardian, or legal custodian. |
24 | | (d) Notwithstanding subsection (c-1), all funds All crime |
25 | | laboratory DUI analysis assessments provided for by this |
26 | | Section
shall
be collected by the clerk of the court and |
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1 | | forwarded to the appropriate crime
laboratory DUI fund as |
2 | | provided in subsection (f).
|
3 | | (e) Crime laboratory funds shall be established as |
4 | | follows:
|
5 | | (1) A unit of local government that maintains a crime |
6 | | laboratory may
establish a crime laboratory DUI fund |
7 | | within the office of the county or
municipal treasurer.
|
8 | | (2) Any combination of units of local government that |
9 | | maintains a crime
laboratory may establish a crime |
10 | | laboratory DUI fund within the office of the
treasurer of |
11 | | the county where the crime laboratory is situated.
|
12 | | (3) (Blank).
|
13 | | (f) Notwithstanding subsection (c-1), all funds The |
14 | | analysis assessment provided for in subsection (c) of this |
15 | | Section
shall be forwarded to the office of the treasurer of |
16 | | the unit of local
government that performed the analysis if |
17 | | that unit of local government has
established a crime |
18 | | laboratory DUI fund, or remitted to the State Treasurer for |
19 | | deposit
into the State Crime Laboratory Fund if the analysis |
20 | | was
performed by a
laboratory operated by the Illinois State |
21 | | Police. If the analysis was
performed by a crime laboratory |
22 | | funded by a combination of units of local
government, the |
23 | | funds analysis assessment shall be forwarded to the treasurer |
24 | | of the county
where the crime laboratory is situated if a crime |
25 | | laboratory DUI fund has been
established in that county. If |
26 | | the unit of local government or combination of
units of local |
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1 | | government has not established a crime laboratory DUI fund, |
2 | | then
the funds analysis assessment shall be remitted to the |
3 | | State Treasurer for deposit into
the State Crime Laboratory |
4 | | Fund.
|
5 | | (g) Moneys deposited into a crime laboratory DUI fund |
6 | | created under
paragraphs (1) and (2) of subsection (e) of this |
7 | | Section shall be in addition
to any allocations made pursuant |
8 | | to existing law and shall be designated for
the exclusive use |
9 | | of the crime laboratory. These uses may include, but are not
|
10 | | limited to, the following:
|
11 | | (1) Costs incurred in providing analysis for DUI |
12 | | investigations conducted
within this State.
|
13 | | (2) Purchase and maintenance of equipment for use in |
14 | | performing analyses.
|
15 | | (3) Continuing education, training, and professional |
16 | | development of
forensic scientists regularly employed by |
17 | | these laboratories.
|
18 | | (h) Moneys deposited in the State Crime Laboratory Fund
|
19 | | shall be used by
State crime laboratories as designated by the |
20 | | Director of the Illinois State Police. These
funds shall be in |
21 | | addition to any allocations made according to existing law
and |
22 | | shall be designated for the exclusive use of State crime |
23 | | laboratories.
These uses may include those enumerated in |
24 | | subsection (g) of this Section. |
25 | | (i) Notwithstanding any other provision of law to the |
26 | | contrary and in addition to any other transfers that may be |
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1 | | provided by law, on June 17, 2021 (the effective date of Public |
2 | | Act 102-16), or as soon thereafter as practical, the State |
3 | | Comptroller shall direct and the State Treasurer shall |
4 | | transfer the remaining balance from the State Police DUI Fund |
5 | | into the State Police Operations Assistance Fund. Upon |
6 | | completion of the transfer, the State Police DUI Fund is |
7 | | dissolved, and any future deposits due to that Fund and any |
8 | | outstanding obligations or liabilities of that Fund shall pass |
9 | | to the State Police Operations Assistance Fund.
|
10 | | (Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; |
11 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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12 | | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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13 | | Sec. 5-9-3. Default.
|
14 | | (a) An offender who defaults in the payment of a fine or
|
15 | | any
installment of that fine may be held in contempt and |
16 | | imprisoned for nonpayment. The
court may issue a summons for |
17 | | his appearance or a warrant of arrest.
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18 | | (b) Unless the offender shows that his default was not due |
19 | | to his
intentional refusal to pay, or not due to a failure on |
20 | | his part to make a
good faith effort to pay, the court may |
21 | | order the offender imprisoned for a
term not to exceed 6 months |
22 | | if the fine was for a felony, or 30 days if the
fine was for a |
23 | | misdemeanor, a petty offense or a business offense. Payment
of |
24 | | the fine at any time will entitle the offender to be released, |
25 | | but
imprisonment under this Section shall not satisfy the |
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1 | | payment of the fine.
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2 | | (c) If it appears that the default in the payment of a fine |
3 | | is not
intentional under paragraph (b) of this Section, the |
4 | | court may enter an
order allowing the offender additional time |
5 | | for payment, reducing the
amount of the fine or of each |
6 | | installment, or revoking the fine or the
unpaid portion.
|
7 | | (d) When a fine is imposed on a corporation or |
8 | | unincorporated
organization or association, it is the duty of |
9 | | the person or persons
authorized to make disbursement of |
10 | | assets, and their superiors, to pay the
fine from assets of the |
11 | | corporation or unincorporated organization or
association. The |
12 | | failure of such persons to do so shall render them subject
to |
13 | | proceedings under paragraphs (a) and (b) of this Section.
|
14 | | (e) A default in the payment of a fine, fee, cost, order of |
15 | | restitution, judgment of bond forfeiture, judgment order of |
16 | | forfeiture, or any installment thereof
may be
collected by any |
17 | | and all means authorized for the collection of money |
18 | | judgments. The State's Attorney of the county in which the |
19 | | fine, fee, cost, order of restitution, judgment of bond |
20 | | forfeiture, or judgment order of forfeiture was imposed may |
21 | | retain
attorneys and private collection agents for the purpose |
22 | | of collecting any
default in payment of any fine, fee, cost, |
23 | | order of restitution, judgment of bond forfeiture, judgment |
24 | | order of forfeiture, or installment thereof. An additional fee |
25 | | of 30% of the delinquent amount and each taxable court cost |
26 | | including, without limitation, costs of service of process, |
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1 | | shall be charged to the offender for any amount of the fine, |
2 | | fee, cost, restitution, or judgment of bond forfeiture or |
3 | | installment of the fine, fee, cost, restitution, or judgment |
4 | | of bond forfeiture that remains unpaid after the time fixed |
5 | | for payment of the fine, fee, cost, restitution, or judgment |
6 | | of bond forfeiture by the court. The additional fee shall be |
7 | | payable to the State's Attorney in order to compensate the |
8 | | State's Attorney for costs incurred in collecting the |
9 | | delinquent amount. The State's Attorney may enter into |
10 | | agreements assigning any portion of the fee to the retained |
11 | | attorneys or the private collection agent retained by the |
12 | | State's Attorney. Any agreement between the State's Attorney |
13 | | and the retained attorneys or collection agents shall require |
14 | | the approval of the Circuit Clerk of that county. A default in |
15 | | payment of a fine, fee, cost, restitution, or judgment of bond |
16 | | forfeiture shall draw interest at the rate of 9% per annum.
|
17 | | (f) This Section does not apply against a minor or the |
18 | | minor's parent, guardian, or legal custodian in cases subject |
19 | | to Article III, IV, or V of the Juvenile Court Act of 1987, or |
20 | | a minor under the age of 18 transferred to adult court or |
21 | | excluded from juvenile court jurisdiction under Article V of |
22 | | the Juvenile Court Act of 1987. |
23 | | (Source: P.A. 98-373, eff. 1-1-14.)
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24 | | Section 45. The Code of Civil Procedure is amended by |
25 | | changing Section 2-202 as follows:
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1 | | (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
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2 | | Sec. 2-202. Persons authorized to serve process; place of
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3 | | service; failure to make return. |
4 | | (a) Process shall be served by a
sheriff, or if the sheriff |
5 | | is disqualified, by a coroner of some county of the
State. In |
6 | | matters where the county or State is an interested party, |
7 | | process may be served by a special investigator appointed by |
8 | | the State's Attorney of the county, as defined in Section |
9 | | 3-9005 of the Counties Code. A sheriff of a county with a |
10 | | population of less than 2,000,000
may employ civilian |
11 | | personnel to serve process. In
counties with a population of |
12 | | less than 2,000,000, process may
be served, without special |
13 | | appointment, by a person who is licensed or
registered as a |
14 | | private detective under the Private Detective, Private
Alarm, |
15 | | Private
Security, Fingerprint Vendor, and Locksmith Act of |
16 | | 2004 or by a registered
employee of a private detective
agency |
17 | | certified under that Act as defined in Section (a-5). A |
18 | | private detective or licensed
employee must supply the sheriff |
19 | | of any county in which he serves process
with a copy of his |
20 | | license or certificate; however, the failure of a person
to |
21 | | supply the copy shall not in any way impair the validity of |
22 | | process
served by the person. The court may, in its discretion |
23 | | upon motion, order
service to be made by a private person over |
24 | | 18 years of age and not a party
to the action.
It is not |
25 | | necessary that service be made by a sheriff or
coroner of the |
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1 | | county in which service is made. If served or sought to be
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2 | | served by a sheriff or coroner, he or she shall endorse his or |
3 | | her return
thereon, and if by a private person the return shall |
4 | | be by affidavit.
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5 | | (a-5) Upon motion and in its discretion, the court may |
6 | | appoint as a
special process
server a
private detective agency |
7 | | certified under the Private Detective, Private Alarm,
Private
|
8 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under |
9 | | the appointment,
any employee of
the
private detective agency |
10 | | who is registered under that Act may serve the
process. The
|
11 | | motion and the order of appointment must contain the number of |
12 | | the certificate
issued to
the private detective agency by the |
13 | | Department of Professional Regulation under
the
Private |
14 | | Detective, Private Alarm, Private Security, Fingerprint |
15 | | Vendor, and Locksmith Act of
2004. A private detective or |
16 | | private detective agency shall send, one time only, a copy of |
17 | | his, her, or its individual private detective license or |
18 | | private detective agency certificate to the county sheriff in |
19 | | each county in which the detective or detective agency or his, |
20 | | her, or its employees serve process, regardless of the size of |
21 | | the population of the county. As long as the license or |
22 | | certificate is valid and meets the requirements of the |
23 | | Department of Financial and Professional Regulation, a new |
24 | | copy of the current license or certificate need not be sent to |
25 | | the sheriff. A private detective agency shall maintain a list |
26 | | of its registered employees. Registered employees shall |
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1 | | consist of: |
2 | | (1) an employee who works for the agency holding a |
3 | | valid Permanent Employee Registration Card;
|
4 | | (2) a person who has applied for a Permanent Employee |
5 | | Registration Card, has had his or her fingerprints |
6 | | processed and cleared by the Illinois State Police and the |
7 | | FBI, and as to whom the Department of Financial and |
8 | | Professional Regulation website shows that the person's |
9 | | application for a Permanent Employee Registration Card is |
10 | | pending; |
11 | | (3) a person employed by a private detective agency |
12 | | who is exempt from a Permanent Employee Registration Card |
13 | | requirement because the person is a current peace officer; |
14 | | and |
15 | | (4) a private detective who works for a private |
16 | | detective agency as an employee.
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17 | | A detective agency shall maintain this list and forward it to |
18 | | any sheriff's department that requests this list within 5 |
19 | | business days after the receipt of the request. |
20 | | (b) Summons may be served upon the defendants wherever |
21 | | they may be
found in the State, by any person authorized to |
22 | | serve process. An officer
may serve summons in his or her |
23 | | official capacity outside his or her county,
but fees for |
24 | | mileage outside the county of the officer cannot be taxed
as |
25 | | costs. The person serving the process in a foreign county may |
26 | | make
return by mail.
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1 | | (c) If any sheriff, coroner, or other person to whom any |
2 | | process is
delivered, neglects or refuses to make return of |
3 | | the same, the plaintiff
may petition the court to enter a rule |
4 | | requiring the sheriff, coroner,
or other person, to make |
5 | | return of the process on a day to be fixed by
the court, or to |
6 | | show cause on that day why that person should not be attached
|
7 | | for contempt of the court. The plaintiff shall then cause a |
8 | | written
notice of the rule to be served on the sheriff, |
9 | | coroner, or other
person. If good and sufficient cause be not |
10 | | shown to excuse the officer
or other person, the court shall |
11 | | adjudge him or her guilty of a contempt, and
shall impose |
12 | | punishment as in other cases of contempt.
|
13 | | (d) Except as provided in Sections 1-19, 3-17, 4-14, and |
14 | | 5-252 of the Juvenile Court Act of 1987, if If process is |
15 | | served by a sheriff, coroner, or special investigator |
16 | | appointed by the State's Attorney, the court may tax
the fee of |
17 | | the sheriff, coroner, or State's Attorney's special |
18 | | investigator as costs in the proceeding. If process
is served |
19 | | by a private person or entity, the court may establish a fee
|
20 | | therefor and tax such fee as costs in the proceedings.
|
21 | | (e) In addition to the powers stated in Section 8.1a of the |
22 | | Housing
Authorities Act, in counties with a population of |
23 | | 3,000,000 or more
inhabitants,
members of a housing authority |
24 | | police force may serve process for eviction actions commenced |
25 | | by that housing authority and may execute eviction
orders for |
26 | | that housing authority.
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1 | | (f) In counties with a population of 3,000,000 or more, |
2 | | process may be
served, with special appointment by the court,
|
3 | | by a private process server or
a law enforcement agency other |
4 | | than the county sheriff
in proceedings instituted under |
5 | | Article IX of this Code as a result of a lessor or
lessor's |
6 | | assignee declaring a lease void pursuant to Section 11 of the
|
7 | | Controlled Substance and Cannabis Nuisance Act.
|
8 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
9 | | Section 95. No acceleration or delay. Where this Act makes |
10 | | changes in a statute that is represented in this Act by text |
11 | | that is not yet or no longer in effect (for example, a Section |
12 | | represented by multiple versions), the use of that text does |
13 | | not accelerate or delay the taking effect of (i) the changes |
14 | | made by this Act or (ii) provisions derived from any other |
15 | | Public Act. |
16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law. |