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1 | AN ACT concerning juveniles. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||||
5 | 13-44.4 as follows: | |||||||||||||||||||||
6 | (105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4) | |||||||||||||||||||||
7 | Sec. 13-44.4. Department of Corrections Reimbursement and | |||||||||||||||||||||
8 | Education Fund; budget. All moneys received from the Common | |||||||||||||||||||||
9 | School Fund, federal aid and grants, vocational and | |||||||||||||||||||||
10 | educational funds and grants, and gifts and grants by | |||||||||||||||||||||
11 | individuals, foundations and corporations for educational | |||||||||||||||||||||
12 | purposes shall be deposited into the Department of Corrections | |||||||||||||||||||||
13 | Reimbursement and Education Fund in the State Treasury. Moneys | |||||||||||||||||||||
14 | in the Department of Corrections Reimbursement and Education | |||||||||||||||||||||
15 | Fund may be used, subject to appropriation, to pay the expense | |||||||||||||||||||||
16 | of the schools and school district of the Department of | |||||||||||||||||||||
17 | Corrections together with and supplemental to regular | |||||||||||||||||||||
18 | appropriations to the Department for educational purposes, | |||||||||||||||||||||
19 | including, but not limited to, the cost of teacher salaries, | |||||||||||||||||||||
20 | supplies and materials, building upkeep and costs, | |||||||||||||||||||||
21 | transportation, scholarships, non-academic salaries, | |||||||||||||||||||||
22 | equipment and other school costs. | |||||||||||||||||||||
23 | Beginning in 1972, the Board of Education shall, by |
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1 | November 15, adopt an annual budget for the use of education | ||||||
2 | moneys for the next school year which it deems necessary to | ||||||
3 | defray all necessary expenses and liabilities of the district, | ||||||
4 | and in such annual budget shall specify the objects and | ||||||
5 | purposes of each item and the amount needed for each object or | ||||||
6 | purpose. The budget shall contain a statement of cash on hand | ||||||
7 | at the beginning of the fiscal year, an estimate of the cash | ||||||
8 | expected to be received during such fiscal year from all | ||||||
9 | sources, an estimate of the expenditure contemplated for such | ||||||
10 | fiscal year, and a statement of the estimated cash expected to | ||||||
11 | be on hand at the end of such year. Prior to the adoption of | ||||||
12 | the annual educational budget, this budget shall be submitted | ||||||
13 | to the Department of Corrections and the State Board of | ||||||
14 | Education for incorporation. | ||||||
15 | (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.) | ||||||
16 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
17 | changing Section 5-710 as follows: | ||||||
18 | (705 ILCS 405/5-710) | ||||||
19 | Sec. 5-710. Kinds of sentencing orders. | ||||||
20 | (1) The following kinds of sentencing orders may be made | ||||||
21 | in respect of wards of the court: | ||||||
22 | (a) Except as provided in Sections 5-805, 5-810, and | ||||||
23 | 5-815, a minor who is found guilty under Section 5-620 may | ||||||
24 | be: |
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1 | (i) put on probation or conditional discharge and | ||||||
2 | released to the minor's parents, guardian or legal | ||||||
3 | custodian, provided, however, that any such minor who | ||||||
4 | is not committed to the Department of Juvenile Justice | ||||||
5 | under this subsection and who is found to be a | ||||||
6 | delinquent for an offense which is first degree | ||||||
7 | murder, a Class X felony, or a forcible felony shall be | ||||||
8 | placed on probation; | ||||||
9 | (ii) placed in accordance with Section 5-740, with | ||||||
10 | or without also being put on probation or conditional | ||||||
11 | discharge; | ||||||
12 | (iii) required to undergo a substance abuse | ||||||
13 | assessment conducted by a licensed provider and | ||||||
14 | participate in the indicated clinical level of care; | ||||||
15 | (iv) on and after January 1, 2015 (the effective | ||||||
16 | date of Public Act 98-803) and before January 1, 2017, | ||||||
17 | placed in the guardianship of the Department of | ||||||
18 | Children and Family Services, but only if the | ||||||
19 | delinquent minor is under 16 years of age or, pursuant | ||||||
20 | to Article II of this Act, a minor under the age of 18 | ||||||
21 | for whom an independent basis of abuse, neglect, or | ||||||
22 | dependency exists. On and after January 1, 2017, | ||||||
23 | placed in the guardianship of the Department of | ||||||
24 | Children and Family Services, but only if the | ||||||
25 | delinquent minor is under 15 years of age or, pursuant | ||||||
26 | to Article II of this Act, a minor for whom an |
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1 | independent basis of abuse, neglect, or dependency | ||||||
2 | exists. An independent basis exists when the | ||||||
3 | allegations or adjudication of abuse, neglect, or | ||||||
4 | dependency do not arise from the same facts, incident, | ||||||
5 | or circumstances which give rise to a charge or | ||||||
6 | adjudication of delinquency; | ||||||
7 | (v) placed in detention for a period not to exceed | ||||||
8 | 30 days, either as the exclusive order of disposition | ||||||
9 | or, where appropriate, in conjunction with any other | ||||||
10 | order of disposition issued under this paragraph, | ||||||
11 | provided that any such detention shall be in a | ||||||
12 | juvenile detention home and the minor so detained | ||||||
13 | shall be 10 years of age or older. However, the 30-day | ||||||
14 | limitation may be extended by further order of the | ||||||
15 | court for a minor under age 15 committed to the | ||||||
16 | Department of Children and Family Services if the | ||||||
17 | court finds that the minor is a danger to the minor or | ||||||
18 | others. The minor shall be given credit on the | ||||||
19 | sentencing order of detention for time spent in | ||||||
20 | detention under Sections 5-501, 5-601, 5-710, or 5-720 | ||||||
21 | of this Article as a result of the offense for which | ||||||
22 | the sentencing order was imposed. The court may grant | ||||||
23 | credit on a sentencing order of detention entered | ||||||
24 | under a violation of probation or violation of | ||||||
25 | conditional discharge under Section 5-720 of this | ||||||
26 | Article for time spent in detention before the filing |
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1 | of the petition alleging the violation. A minor shall | ||||||
2 | not be deprived of credit for time spent in detention | ||||||
3 | before the filing of a violation of probation or | ||||||
4 | conditional discharge alleging the same or related act | ||||||
5 | or acts. The limitation that the minor shall only be | ||||||
6 | placed in a juvenile detention home does not apply as | ||||||
7 | follows: | ||||||
8 | Persons 18 years of age and older who have a | ||||||
9 | petition of delinquency filed against them may be | ||||||
10 | confined in an adult detention facility. In making a | ||||||
11 | determination whether to confine a person 18 years of | ||||||
12 | age or older who has a petition of delinquency filed | ||||||
13 | against the person, these factors, among other | ||||||
14 | matters, shall be considered: | ||||||
15 | (A) the age of the person; | ||||||
16 | (B) any previous delinquent or criminal | ||||||
17 | history of the person; | ||||||
18 | (C) any previous abuse or neglect history of | ||||||
19 | the person; | ||||||
20 | (D) any mental health history of the person; | ||||||
21 | and | ||||||
22 | (E) any educational history of the person; | ||||||
23 | (vi) ordered partially or completely emancipated | ||||||
24 | in accordance with the provisions of the Emancipation | ||||||
25 | of Minors Act; | ||||||
26 | (vii) subject to having the minor's driver's |
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1 | license or driving privileges suspended for such time | ||||||
2 | as determined by the court but only until the minor | ||||||
3 | attains 18 years of age; | ||||||
4 | (viii) put on probation or conditional discharge | ||||||
5 | and placed in detention under Section 3-6039 of the | ||||||
6 | Counties Code for a period not to exceed the period of | ||||||
7 | incarceration permitted by law for adults found guilty | ||||||
8 | of the same offense or offenses for which the minor was | ||||||
9 | adjudicated delinquent, and in any event no longer | ||||||
10 | than upon attainment of age 21; this subdivision | ||||||
11 | (viii) notwithstanding any contrary provision of the | ||||||
12 | law; | ||||||
13 | (ix) ordered to undergo a medical or other | ||||||
14 | procedure to have a tattoo symbolizing allegiance to a | ||||||
15 | street gang removed from the minor's body; or | ||||||
16 | (x) placed in electronic monitoring or home | ||||||
17 | detention under Part 7A of this Article. | ||||||
18 | (b) A minor found to be guilty may be committed to the | ||||||
19 | Department of Juvenile Justice under Section 5-750 if the | ||||||
20 | minor is at least 13 years and under 20 years of age, | ||||||
21 | provided that the commitment to the Department of Juvenile | ||||||
22 | Justice shall be made only if the minor was found guilty of | ||||||
23 | a felony offense or first degree murder. The court shall | ||||||
24 | include in the sentencing order any pre-custody credits | ||||||
25 | the minor is entitled to under Section 5-4.5-100 of the | ||||||
26 | Unified Code of Corrections. The time during which a minor |
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1 | is in custody before being released upon the request of a | ||||||
2 | parent, guardian or legal custodian shall also be | ||||||
3 | considered as time spent in custody. | ||||||
4 | (c) When a minor is found to be guilty for an offense | ||||||
5 | which is a violation of the Illinois Controlled Substances | ||||||
6 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
7 | Control and Community Protection Act and made a ward of | ||||||
8 | the court, the court may enter a disposition order | ||||||
9 | requiring the minor to undergo assessment, counseling or | ||||||
10 | treatment in a substance use disorder treatment program | ||||||
11 | approved by the Department of Human Services. | ||||||
12 | (2) Any sentencing order other than commitment to the | ||||||
13 | Department of Juvenile Justice may provide for protective | ||||||
14 | supervision under Section 5-725 and may include an order of | ||||||
15 | protection under Section 5-730. | ||||||
16 | (3) Unless the sentencing order expressly so provides, it | ||||||
17 | does not operate to close proceedings on the pending petition, | ||||||
18 | but is subject to modification until final closing and | ||||||
19 | discharge of the proceedings under Section 5-750. | ||||||
20 | (4) In addition to any other sentence, the court may order | ||||||
21 | any minor found to be delinquent to make restitution, in | ||||||
22 | monetary or non-monetary form, under the terms and conditions | ||||||
23 | of Section 5-5-6 of the Unified Code of Corrections, except | ||||||
24 | that the "presentencing hearing" referred to in that Section | ||||||
25 | shall be the sentencing hearing for purposes of this Section. | ||||||
26 | The parent, guardian or legal custodian of the minor may be |
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1 | ordered by the court to pay some or all of the restitution on | ||||||
2 | the minor's behalf, pursuant to the Parental Responsibility | ||||||
3 | Law. The State's Attorney is authorized to act on behalf of any | ||||||
4 | victim in seeking restitution in proceedings under this | ||||||
5 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
6 | Parental Responsibility Law. | ||||||
7 | (5) Any sentencing order where the minor is committed or | ||||||
8 | placed in accordance with Section 5-740 shall provide for the | ||||||
9 | parents or guardian of the estate of the minor to pay to the | ||||||
10 | legal custodian or guardian of the person of the minor such | ||||||
11 | sums as are determined by the custodian or guardian of the | ||||||
12 | person of the minor as necessary for the minor's needs. The | ||||||
13 | payments may not exceed the maximum amounts provided for by | ||||||
14 | Section 9.1 of the Children and Family Services Act. | ||||||
15 | (6) Whenever the sentencing order requires the minor to | ||||||
16 | 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. Notwithstanding | ||||||
20 | any other provision of this Act, in instances in which | ||||||
21 | educational services are to be provided to a minor in a | ||||||
22 | residential facility where the minor has been placed by the | ||||||
23 | court, costs incurred in the provision of those educational | ||||||
24 | services must be allocated based on the requirements of the | ||||||
25 | School Code. | ||||||
26 | (7) In no event shall a guilty minor be committed to the |
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1 | Department of Juvenile Justice for a period of time in excess | ||||||
2 | of that period for which an adult could be committed for the | ||||||
3 | same act. The court shall include in the sentencing order a | ||||||
4 | limitation on the period of confinement not to exceed the | ||||||
5 | maximum period of imprisonment the court could impose under | ||||||
6 | Chapter V of the Unified Code of Corrections. | ||||||
7 | (7.5) In no event shall a guilty minor be committed to the | ||||||
8 | Department of Juvenile Justice or placed in detention when the | ||||||
9 | act for which the minor was adjudicated delinquent would not | ||||||
10 | be illegal if committed by an adult. | ||||||
11 | (7.6) In no event shall a guilty minor be committed to the | ||||||
12 | Department of Juvenile Justice for an offense which is a Class | ||||||
13 | 4 felony under Section 19-4 (criminal trespass to a | ||||||
14 | residence), 21-1 (criminal damage to property), 21-1.01 | ||||||
15 | (criminal damage to government supported property), 21-1.3 | ||||||
16 | (criminal defacement of property), 26-1 (disorderly conduct), | ||||||
17 | or 31-4 (obstructing justice) of the Criminal Code of 2012. | ||||||
18 | (7.75) In no event shall a guilty minor be committed to the | ||||||
19 | Department of Juvenile Justice for an offense that is a Class 3 | ||||||
20 | or Class 4 felony violation of the Illinois Controlled | ||||||
21 | Substances Act unless the commitment occurs upon a third or | ||||||
22 | subsequent judicial finding of a violation of probation for | ||||||
23 | substantial noncompliance with court-ordered treatment or | ||||||
24 | programming . | ||||||
25 | (8) A minor found to be guilty for reasons that include a | ||||||
26 | violation of Section 21-1.3 of the Criminal Code of 1961 or the |
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1 | Criminal Code of 2012 shall be ordered to perform community | ||||||
2 | service for not less than 30 and not more than 120 hours, if | ||||||
3 | community service is available in the jurisdiction. The | ||||||
4 | community service shall include, but need not be limited to, | ||||||
5 | the cleanup and repair of the damage that was caused by the | ||||||
6 | violation or similar damage to property located in the | ||||||
7 | municipality or county in which the violation occurred. The | ||||||
8 | order may be in addition to any other order authorized by this | ||||||
9 | Section. Community service shall not interfere with the school | ||||||
10 | hours, school-related activities, or work commitments of the | ||||||
11 | minor or the minor's parent, guardian, or legal custodian. | ||||||
12 | (8.5) A minor found to be guilty for reasons that include a | ||||||
13 | violation of Section 3.02 or Section 3.03 of the Humane Care | ||||||
14 | for Animals Act or paragraph (d) of subsection (1) of Section | ||||||
15 | 21-1 of the Criminal Code of 1961 or paragraph (4) of | ||||||
16 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
17 | shall be ordered to undergo medical or psychiatric treatment | ||||||
18 | rendered by a psychiatrist or psychological treatment rendered | ||||||
19 | by a clinical psychologist. The order may be in addition to any | ||||||
20 | other order authorized by this Section. | ||||||
21 | (9) In addition to any other sentencing order, the court | ||||||
22 | shall order any minor found to be guilty for an act which would | ||||||
23 | constitute, predatory criminal sexual assault of a child, | ||||||
24 | aggravated criminal sexual assault, criminal sexual assault, | ||||||
25 | aggravated criminal sexual abuse, or criminal sexual abuse if | ||||||
26 | committed by an adult to undergo medical testing to determine |
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1 | whether the defendant has any sexually transmissible disease | ||||||
2 | including a test for infection with human immunodeficiency | ||||||
3 | virus (HIV) or any other identified causative agency of | ||||||
4 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
5 | shall be performed only by appropriately licensed medical | ||||||
6 | practitioners and may include an analysis of any bodily fluids | ||||||
7 | as well as an examination of the minor's person. Except as | ||||||
8 | otherwise provided by law, the results of the test shall be | ||||||
9 | kept strictly confidential by all medical personnel involved | ||||||
10 | in the testing and must be personally delivered in a sealed | ||||||
11 | envelope to the judge of the court in which the sentencing | ||||||
12 | order was entered for the judge's inspection in camera. Acting | ||||||
13 | in accordance with the best interests of the victim and the | ||||||
14 | public, the judge shall have the discretion to determine to | ||||||
15 | whom the results of the testing may be revealed. The court | ||||||
16 | shall notify the minor of the results of the test for infection | ||||||
17 | with the human immunodeficiency virus (HIV). The court shall | ||||||
18 | also notify the victim if requested by the victim, and if the | ||||||
19 | victim is under the age of 15 and if requested by the victim's | ||||||
20 | parents or legal guardian, the court shall notify the victim's | ||||||
21 | parents or the legal guardian, of the results of the test for | ||||||
22 | infection with the human immunodeficiency virus (HIV). The | ||||||
23 | court shall provide information on the availability of HIV | ||||||
24 | testing and counseling at the Department of Public Health | ||||||
25 | facilities to all parties to whom the results of the testing | ||||||
26 | are revealed. The court shall order that the cost of any test |
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1 | shall be paid by the county. | ||||||
2 | (10) When a court finds a minor to be guilty the court | ||||||
3 | shall, before entering a sentencing order under this Section, | ||||||
4 | make a finding whether the offense committed either: (a) was | ||||||
5 | related to or in furtherance of the criminal activities of an | ||||||
6 | organized gang or was motivated by the minor's membership in | ||||||
7 | or allegiance to an organized gang, or (b) involved a | ||||||
8 | violation of subsection (a) of Section 12-7.1 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012, a violation of any | ||||||
10 | Section of Article 24 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, or a violation of any statute that | ||||||
12 | involved the wrongful use of a firearm. If the court | ||||||
13 | determines the question in the affirmative, and the court does | ||||||
14 | not commit the minor to the Department of Juvenile Justice, | ||||||
15 | the court shall order the minor to perform community service | ||||||
16 | for not less than 30 hours nor more than 120 hours, provided | ||||||
17 | that community service is available in the jurisdiction and is | ||||||
18 | funded and approved by the county board of the county where the | ||||||
19 | offense was committed. The community service shall include, | ||||||
20 | but need not be limited to, the cleanup and repair of any | ||||||
21 | damage caused by a violation of Section 21-1.3 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012 and similar damage to | ||||||
23 | property located in the municipality or county in which the | ||||||
24 | violation occurred. When possible and reasonable, the | ||||||
25 | community service shall be performed in the minor's | ||||||
26 | neighborhood. This order shall be in addition to any other |
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1 | order authorized by this Section except for an order to place | ||||||
2 | the minor in the custody of the Department of Juvenile | ||||||
3 | Justice. Community service shall not interfere with the school | ||||||
4 | hours, school-related activities, or work commitments of the | ||||||
5 | minor or the minor's parent, guardian, or legal custodian. For | ||||||
6 | the purposes of this Section, "organized gang" has the meaning | ||||||
7 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act. | ||||||
9 | (11) If the court determines that the offense was | ||||||
10 | committed in furtherance of the criminal activities of an | ||||||
11 | organized gang, as provided in subsection (10), and that the | ||||||
12 | offense involved the operation or use of a motor vehicle or the | ||||||
13 | use of a driver's license or permit, the court shall notify the | ||||||
14 | Secretary of State of that determination and of the period for | ||||||
15 | which the minor shall be denied driving privileges. If, at the | ||||||
16 | time of the determination, the minor does not hold a driver's | ||||||
17 | license or permit, the court shall provide that the minor | ||||||
18 | shall not be issued a driver's license or permit until the | ||||||
19 | minor's 18th birthday. If the minor holds a driver's license | ||||||
20 | or permit at the time of the determination, the court shall | ||||||
21 | provide that the minor's driver's license or permit shall be | ||||||
22 | revoked until the minor's 21st birthday, or until a later date | ||||||
23 | or occurrence determined by the court. If the minor holds a | ||||||
24 | driver's license at the time of the determination, the court | ||||||
25 | may direct the Secretary of State to issue the minor a judicial | ||||||
26 | driving permit, also known as a JDP. The JDP shall be subject |
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1 | to the same terms as a JDP issued under Section 6-206.1 of the | ||||||
2 | Illinois Vehicle Code, except that the court may direct that | ||||||
3 | the JDP be effective immediately. | ||||||
4 | (12) (Blank). | ||||||
5 | (13) Fines and assessments, including any fee or | ||||||
6 | administrative cost authorized under Section 5-4.5-105, | ||||||
7 | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||||||
8 | Unified Code of Corrections, relating to any sentencing order | ||||||
9 | shall not be ordered or imposed on a minor or the minor's | ||||||
10 | parent, guardian, or legal custodian. The inability of a | ||||||
11 | minor, or minor's parent, guardian, or legal custodian, to | ||||||
12 | cover the costs associated with an appropriate sentencing | ||||||
13 | order shall not be the basis for the court to enter a | ||||||
14 | sentencing order incongruent with the court's findings | ||||||
15 | regarding the offense on which the minor was adjudicated or | ||||||
16 | the mitigating factors. | ||||||
17 | (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23; | ||||||
18 | 103-379, eff. 7-28-23; revised 8-25-23.) | ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law. |