|
|
|
09500HB4988ham003 |
- 2 - |
LRB095 17571 RLC 49068 a |
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|
1 |
| custody is a matter of immediate and urgent necessity for the
|
2 |
| protection of the minor or of the person or property of |
3 |
| another, (ii) the minor
is likely to flee the jurisdiction of |
4 |
| the court, or (iii) the minor was taken
into custody under a |
5 |
| warrant, may be kept or detained in an authorized
detention |
6 |
| facility. No minor under 12 years of age shall be detained in a
|
7 |
| county jail or a municipal lockup for more than 6 hours.
|
8 |
| (b) The written authorization of the probation officer or |
9 |
| detention officer
(or other public officer designated by the |
10 |
| court in a county having
3,000,000 or more inhabitants) |
11 |
| constitutes authority for the superintendent of
any juvenile |
12 |
| detention home to detain and keep a minor for up to 40 hours,
|
13 |
| excluding Saturdays, Sundays and court-designated holidays. |
14 |
| These
records shall be available to the same persons and |
15 |
| pursuant to the same
conditions as are law enforcement records |
16 |
| as provided in Section 5-905.
|
17 |
| (b-4) The consultation required by subsection (b-5) shall |
18 |
| not be applicable
if the probation officer or detention officer |
19 |
| (or other public officer
designated
by the court in a
county |
20 |
| having 3,000,000 or more inhabitants) utilizes a scorable |
21 |
| detention
screening instrument, which has been developed with |
22 |
| input by the State's
Attorney, to
determine whether a minor |
23 |
| should be detained, however, subsection (b-5) shall
still be |
24 |
| applicable where no such screening instrument is used or where |
25 |
| the
probation officer, detention officer (or other public |
26 |
| officer designated by the
court in a county
having 3,000,000 or |
|
|
|
09500HB4988ham003 |
- 3 - |
LRB095 17571 RLC 49068 a |
|
|
1 |
| more inhabitants) deviates from the screening instrument.
|
2 |
| (b-5) Subject to the provisions of subsection (b-4), if a |
3 |
| probation officer
or detention officer
(or other public officer |
4 |
| designated by
the court in a county having 3,000,000 or more |
5 |
| inhabitants) does not intend to
detain a minor for an offense |
6 |
| which constitutes one of the following offenses
he or she shall |
7 |
| consult with the State's Attorney's Office prior to the release
|
8 |
| of the minor: first degree murder, second degree murder, |
9 |
| involuntary
manslaughter, criminal sexual assault, aggravated |
10 |
| criminal sexual assault,
aggravated battery with a firearm, |
11 |
| aggravated or heinous battery involving
permanent disability |
12 |
| or disfigurement or great bodily harm, robbery, aggravated
|
13 |
| robbery, armed robbery, vehicular hijacking, aggravated |
14 |
| vehicular hijacking,
vehicular invasion, arson, aggravated |
15 |
| arson, kidnapping, aggravated kidnapping,
home invasion, |
16 |
| burglary, or residential burglary.
|
17 |
| (c) Except as otherwise provided in paragraph (a), (d), or |
18 |
| (e), no minor
shall
be detained in a county jail or municipal |
19 |
| lockup for more than 12 hours, unless
the offense is a crime of |
20 |
| violence in which case the minor may be detained up
to 24 |
21 |
| hours. For the purpose of this paragraph, "crime of violence" |
22 |
| has the
meaning
ascribed to it in Section 1-10 of the |
23 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
|
24 |
| (i) The
period of detention is deemed to have begun |
25 |
| once the minor has been placed in a
locked room or cell or |
26 |
| handcuffed to a stationary object in a building housing
a |
|
|
|
09500HB4988ham003 |
- 4 - |
LRB095 17571 RLC 49068 a |
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|
1 |
| county jail or municipal lockup. Time spent transporting a |
2 |
| minor is not
considered to be time in detention or secure |
3 |
| custody.
|
4 |
| (ii) Any minor so
confined shall be under periodic |
5 |
| supervision and shall not be permitted to come
into or |
6 |
| remain in contact with adults in custody in the building.
|
7 |
| (iii) Upon
placement in secure custody in a jail or |
8 |
| lockup, the
minor shall be informed of the purpose of the |
9 |
| detention, the time it is
expected to last and the fact |
10 |
| that it cannot exceed the time specified under
this Act.
|
11 |
| (iv) A log shall
be kept which shows the offense which |
12 |
| is the basis for the detention, the
reasons and |
13 |
| circumstances for the decision to detain and the length of |
14 |
| time the
minor was in detention.
|
15 |
| (v) Violation of the time limit on detention
in a |
16 |
| county jail or municipal lockup shall not, in and of |
17 |
| itself, render
inadmissible evidence obtained as a result |
18 |
| of the violation of this
time limit. Minors under 17 years |
19 |
| of age shall be kept separate from confined
adults and may |
20 |
| not at any time be kept in the same cell, room or yard with
|
21 |
| adults confined pursuant to criminal law. Persons 17 years |
22 |
| of age and older
who have a petition of delinquency filed |
23 |
| against them may be
confined in an
adult detention |
24 |
| facility.
In making a determination whether to confine a |
25 |
| person 17 years of age or
older
who has a petition of |
26 |
| delinquency filed against the person, these factors,
among |
|
|
|
09500HB4988ham003 |
- 5 - |
LRB095 17571 RLC 49068 a |
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|
1 |
| other matters, shall be considered:
|
2 |
| (A) The age of the person;
|
3 |
| (B) Any previous delinquent or criminal history of |
4 |
| the person;
|
5 |
| (C) Any previous abuse or neglect history of the |
6 |
| person; and
|
7 |
| (D) Any mental health or educational history of the |
8 |
| person, or both.
|
9 |
| (d) (i) If a minor 12 years of age or older is confined in a |
10 |
| county jail
in a
county with a population below 3,000,000 |
11 |
| inhabitants, then the minor's
confinement shall be implemented |
12 |
| in such a manner that there will be no contact
by sight, sound |
13 |
| or otherwise between the minor and adult prisoners. Minors
12 |
14 |
| years of age or older must be kept separate from confined |
15 |
| adults and may not
at any time
be kept in the same cell, room, |
16 |
| or yard with confined adults. This paragraph
(d)(i) shall only |
17 |
| apply to confinement pending an adjudicatory hearing and
shall |
18 |
| not exceed 40 hours, excluding Saturdays, Sundays and court |
19 |
| designated
holidays. To accept or hold minors during this time |
20 |
| period, county jails shall
comply with all monitoring standards |
21 |
| promulgated by the Department of
Corrections and training |
22 |
| standards approved by the Illinois Law Enforcement
Training |
23 |
| Standards Board.
|
24 |
| (ii) To accept or hold minors, 12 years of age or older, |
25 |
| after the time
period
prescribed in paragraph (d)(i) of this |
26 |
| subsection (2) of this Section but not
exceeding 7 days |
|
|
|
09500HB4988ham003 |
- 6 - |
LRB095 17571 RLC 49068 a |
|
|
1 |
| including Saturdays, Sundays and holidays pending an
|
2 |
| adjudicatory hearing, county jails shall comply with all |
3 |
| temporary detention
standards promulgated by the Department of |
4 |
| Corrections and training standards
approved by the Illinois Law |
5 |
| Enforcement Training Standards Board.
|
6 |
| (iii) To accept or hold minors 12 years of age or older, |
7 |
| after the time
period prescribed in paragraphs (d)(i) and |
8 |
| (d)(ii) of this subsection (2) of
this
Section, county jails |
9 |
| shall comply with all programmatic and training standards
for |
10 |
| juvenile detention homes promulgated by the Department of |
11 |
| Corrections.
|
12 |
| (e) When a minor who is at least 15 years of age is |
13 |
| prosecuted under the
criminal laws of this State,
the court may |
14 |
| enter an order directing that the juvenile be confined
in the |
15 |
| county jail. However, any juvenile confined in the county jail |
16 |
| under
this provision shall be separated from adults who are |
17 |
| confined in the county
jail in such a manner that there will be |
18 |
| no contact by sight, sound or
otherwise between the juvenile |
19 |
| and adult prisoners.
|
20 |
| (f) For purposes of appearing in a physical lineup, the |
21 |
| minor may be taken
to a county jail or municipal lockup under |
22 |
| the direct and constant supervision
of a juvenile police |
23 |
| officer. During such time as is necessary to conduct a
lineup, |
24 |
| and while supervised by a juvenile police officer, the sight |
25 |
| and sound
separation provisions shall not apply.
|
26 |
| (g) For purposes of processing a minor, the minor may be |
|
|
|
09500HB4988ham003 |
- 7 - |
LRB095 17571 RLC 49068 a |
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|
1 |
| taken to a County
Jail or municipal lockup under the direct and |
2 |
| constant supervision of a law
enforcement officer or |
3 |
| correctional officer. During such time as is necessary
to |
4 |
| process the minor, and while supervised by a law enforcement |
5 |
| officer or
correctional officer, the sight and sound separation |
6 |
| provisions shall not
apply.
|
7 |
| (3) If the probation officer or State's Attorney (or such |
8 |
| other public
officer designated by the court in a county having |
9 |
| 3,000,000 or more
inhabitants) determines that the minor may be |
10 |
| a delinquent minor as described
in subsection (3) of Section |
11 |
| 5-105, and should be retained in custody but does
not require
|
12 |
| physical restriction, the minor may be placed in non-secure |
13 |
| custody for up to
40 hours pending a detention hearing.
|
14 |
| (4) Any minor taken into temporary custody, not requiring |
15 |
| secure
detention, may, however, be detained in the home of his |
16 |
| or her parent or
guardian subject to such conditions as the |
17 |
| court may impose.
|
18 |
| (Source: P.A. 93-255, eff. 1-1-04.)
|
19 |
| (705 ILCS 405/5-710)
|
20 |
| (Text of Section before amendment by P.A. 95-337 and |
21 |
| 95-642 ) |
22 |
| Sec. 5-710. Kinds of sentencing orders.
|
23 |
| (1) The following kinds of sentencing orders may be made in |
24 |
| respect of
wards of the court:
|
25 |
| (a) Except as provided in Sections 5-805, 5-810, 5-815, |
|
|
|
09500HB4988ham003 |
- 8 - |
LRB095 17571 RLC 49068 a |
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|
1 |
| a minor who is
found
guilty under Section 5-620 may be:
|
2 |
| (i) put on probation or conditional discharge and |
3 |
| released to his or her
parents, guardian or legal |
4 |
| custodian, provided, however, that any such minor
who |
5 |
| is not committed to the Department of Juvenile Justice |
6 |
| under
this subsection and who is found to be a |
7 |
| delinquent for an offense which is
first degree murder, |
8 |
| a Class X felony, or a forcible felony shall be placed |
9 |
| on
probation;
|
10 |
| (ii) placed in accordance with Section 5-740, with |
11 |
| or without also being
put on probation or conditional |
12 |
| discharge;
|
13 |
| (iii) required to undergo a substance abuse |
14 |
| assessment conducted by a
licensed provider and |
15 |
| participate in the indicated clinical level of care;
|
16 |
| (iv) placed in the guardianship of the Department |
17 |
| of Children and Family
Services, but only if the |
18 |
| delinquent minor is under 13 years of age;
|
19 |
| (v) placed in detention for a period not to exceed |
20 |
| 30 days, either as
the
exclusive order of disposition |
21 |
| or, where appropriate, in conjunction with any
other |
22 |
| order of disposition issued under this paragraph, |
23 |
| provided that any such
detention shall be in a juvenile |
24 |
| detention home and the minor so detained shall
be 13 10 |
25 |
| years of age or older. However, the 30-day limitation |
26 |
| may be extended by
further order of the court for a |
|
|
|
09500HB4988ham003 |
- 9 - |
LRB095 17571 RLC 49068 a |
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|
1 |
| minor under age 13 committed to the Department
of |
2 |
| Children and Family Services if the court finds that |
3 |
| the minor is a danger
to himself or others. The minor |
4 |
| shall be given credit on the sentencing order
of |
5 |
| detention for time spent in detention under Sections |
6 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a |
7 |
| result of the offense for which the sentencing order |
8 |
| was imposed.
The court may grant credit on a sentencing |
9 |
| order of detention entered under a
violation of |
10 |
| probation or violation of conditional discharge under |
11 |
| Section
5-720 of this Article for time spent in |
12 |
| detention before the filing of the
petition
alleging |
13 |
| the violation. A minor shall not be deprived of credit |
14 |
| for time spent
in detention before the filing of a |
15 |
| violation of probation or conditional
discharge |
16 |
| alleging the same or related act or acts;
|
17 |
| (vi) ordered partially or completely emancipated |
18 |
| in accordance with the
provisions of the Emancipation |
19 |
| of Minors Act;
|
20 |
| (vii) subject to having his or her driver's license |
21 |
| or driving
privileges
suspended for such time as |
22 |
| determined by the court but only until he or she
|
23 |
| attains 18 years of age;
|
24 |
| (viii) put on probation or conditional discharge |
25 |
| and placed in detention
under Section 3-6039 of the |
26 |
| Counties Code for a period not to exceed the period
of |
|
|
|
09500HB4988ham003 |
- 10 - |
LRB095 17571 RLC 49068 a |
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|
1 |
| incarceration permitted by law for adults found guilty |
2 |
| of the same offense
or offenses for which the minor was |
3 |
| adjudicated delinquent, and in any event no
longer than |
4 |
| upon attainment of age 21; this subdivision (viii) |
5 |
| notwithstanding
any contrary provision of the law; or
|
6 |
| (ix) ordered to undergo a medical or other |
7 |
| procedure to have a tattoo
symbolizing allegiance to a |
8 |
| street gang removed from his or her body.
|
9 |
| (b) A minor found to be guilty may be committed to the |
10 |
| Department of
Juvenile Justice under Section 5-750 if the |
11 |
| minor is 13 years of age or
older,
provided that the |
12 |
| commitment to the Department of Juvenile Justice shall be |
13 |
| made only if a term of incarceration is permitted by law |
14 |
| for
adults found guilty of the offense for which the minor |
15 |
| was adjudicated
delinquent. The time during which a minor |
16 |
| is in custody before being released
upon the request of a |
17 |
| parent, guardian or legal custodian shall be considered
as |
18 |
| time spent in detention.
|
19 |
| (c) When a minor is found to be guilty for an offense |
20 |
| which is a violation
of the Illinois Controlled Substances |
21 |
| Act, the Cannabis Control Act, or the Methamphetamine |
22 |
| Control and Community Protection Act and made
a ward of the |
23 |
| court, the court may enter a disposition order requiring |
24 |
| the
minor to undergo assessment,
counseling or treatment in |
25 |
| a substance abuse program approved by the Department
of |
26 |
| Human Services.
|
|
|
|
09500HB4988ham003 |
- 11 - |
LRB095 17571 RLC 49068 a |
|
|
1 |
| (2) Any sentencing order other than commitment to the |
2 |
| Department of
Juvenile Justice may provide for protective |
3 |
| supervision under
Section 5-725 and may include an order of |
4 |
| protection under Section 5-730.
|
5 |
| (3) Unless the sentencing order expressly so provides, it |
6 |
| does not operate
to close proceedings on the pending petition, |
7 |
| but is subject to modification
until final closing and |
8 |
| discharge of the proceedings under Section 5-750.
|
9 |
| (4) In addition to any other sentence, the court may order |
10 |
| any
minor
found to be delinquent to make restitution, in |
11 |
| monetary or non-monetary form,
under the terms and conditions |
12 |
| of Section 5-5-6 of the Unified Code of
Corrections, except |
13 |
| that the "presentencing hearing" referred to in that
Section
|
14 |
| shall be
the sentencing hearing for purposes of this Section. |
15 |
| The parent, guardian or
legal custodian of the minor may be |
16 |
| ordered by the court to pay some or all of
the restitution on |
17 |
| the minor's behalf, pursuant to the Parental Responsibility
|
18 |
| Law. The State's Attorney is authorized to act
on behalf of any |
19 |
| victim in seeking restitution in proceedings under this
|
20 |
| Section, up to the maximum amount allowed in Section 5 of the |
21 |
| Parental
Responsibility Law.
|
22 |
| (5) Any sentencing order where the minor is committed or |
23 |
| placed in
accordance
with Section 5-740 shall provide for the |
24 |
| parents or guardian of the estate of
the minor to pay to the |
25 |
| legal custodian or guardian of the person of the minor
such |
26 |
| sums as are determined by the custodian or guardian of the |
|
|
|
09500HB4988ham003 |
- 12 - |
LRB095 17571 RLC 49068 a |
|
|
1 |
| person of the
minor as necessary for the minor's needs. The |
2 |
| payments may not exceed the
maximum amounts provided for by |
3 |
| Section 9.1 of the Children and Family Services
Act.
|
4 |
| (6) Whenever the sentencing order requires the minor to |
5 |
| attend school or
participate in a program of training, the |
6 |
| truant officer or designated school
official shall regularly |
7 |
| report to the court if the minor is a chronic or
habitual |
8 |
| truant under Section 26-2a of the 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.
|
13 |
| (8) A minor found to be guilty for reasons that include a |
14 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall |
15 |
| be ordered to perform
community service for not less than 30 |
16 |
| and not more than 120 hours, if
community service is available |
17 |
| in the jurisdiction. The community service
shall include, but |
18 |
| need not be limited to, the cleanup and repair of the damage
|
19 |
| that was caused by the violation or similar damage to property |
20 |
| located in the
municipality or county in which the violation |
21 |
| occurred. The order may be in
addition to any other order |
22 |
| authorized by this Section.
|
23 |
| (8.5) A minor found to be guilty for reasons that include a |
24 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care |
25 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section |
26 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo |
|
|
|
09500HB4988ham003 |
- 13 - |
LRB095 17571 RLC 49068 a |
|
|
1 |
| medical or psychiatric treatment rendered by
a
psychiatrist or |
2 |
| psychological treatment rendered by a clinical psychologist.
|
3 |
| The order
may be in addition to any other order authorized by |
4 |
| this Section.
|
5 |
| (9) In addition to any other sentencing order, the court |
6 |
| shall order any
minor found
to be guilty for an act which would |
7 |
| constitute, predatory criminal sexual
assault of a child, |
8 |
| aggravated criminal sexual assault, criminal sexual
assault, |
9 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
|
10 |
| committed by an
adult to undergo medical testing to determine |
11 |
| whether the defendant has any
sexually transmissible disease |
12 |
| including a test for infection with human
immunodeficiency |
13 |
| virus (HIV) or any other identified causative agency of
|
14 |
| acquired immunodeficiency syndrome (AIDS). Any medical test |
15 |
| shall be performed
only by appropriately licensed medical |
16 |
| practitioners and may include an
analysis of any bodily fluids |
17 |
| as well as an examination of the minor's person.
Except as |
18 |
| otherwise provided by law, the results of the test shall be |
19 |
| kept
strictly confidential by all medical personnel involved in |
20 |
| the testing and must
be personally delivered in a sealed |
21 |
| envelope to the judge of the court in which
the sentencing |
22 |
| order was entered for the judge's inspection in camera. Acting
|
23 |
| in accordance with the best interests of the victim and the |
24 |
| public, the judge
shall have the discretion to determine to |
25 |
| whom the results of the testing may
be revealed. The court |
26 |
| shall notify the minor of the results of the test for
infection |
|
|
|
09500HB4988ham003 |
- 14 - |
LRB095 17571 RLC 49068 a |
|
|
1 |
| with the human immunodeficiency virus (HIV). The court shall |
2 |
| also
notify the victim if requested by the victim, and if the |
3 |
| victim is under the
age of 15 and if requested by the victim's |
4 |
| parents or legal guardian, the court
shall notify the victim's |
5 |
| parents or the legal guardian, of the results of the
test for |
6 |
| infection with the human immunodeficiency virus (HIV). The |
7 |
| court
shall provide information on the availability of HIV |
8 |
| testing and counseling at
the Department of Public Health |
9 |
| facilities to all parties to whom the
results of the testing |
10 |
| are revealed. The court shall order that the cost of
any test |
11 |
| shall be paid by the county and may be taxed as costs against |
12 |
| the
minor.
|
13 |
| (10) When a court finds a minor to be guilty the court |
14 |
| shall, before
entering a sentencing order under this Section, |
15 |
| make a finding whether the
offense committed either: (a) was |
16 |
| related to or in furtherance of the criminal
activities of an |
17 |
| organized gang or was motivated by the minor's membership in
or |
18 |
| allegiance to an organized gang, or (b) involved a violation of
|
19 |
| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, |
20 |
| a violation of
any
Section of Article 24 of the Criminal Code |
21 |
| of 1961, or a violation of any
statute that involved the |
22 |
| wrongful use of a firearm. If the court determines
the question |
23 |
| in the affirmative,
and the court does not commit the minor to |
24 |
| the Department of Juvenile Justice, the court shall order the |
25 |
| minor to perform community service
for not less than 30 hours |
26 |
| nor more than 120 hours, provided that community
service is |
|
|
|
09500HB4988ham003 |
- 15 - |
LRB095 17571 RLC 49068 a |
|
|
1 |
| available in the jurisdiction and is funded and approved by the
|
2 |
| county board of the county where the offense was committed. The |
3 |
| community
service shall include, but need not be limited to, |
4 |
| the cleanup and repair of
any damage caused by a violation of |
5 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage |
6 |
| to property located in the municipality or county in which
the |
7 |
| violation occurred. When possible and reasonable, the |
8 |
| community service
shall be performed in the minor's |
9 |
| neighborhood. This order shall be in
addition to any other |
10 |
| order authorized by this Section
except for an order to place |
11 |
| the minor in the custody of the Department of
Juvenile Justice. |
12 |
| For the purposes of this Section, "organized
gang" has the |
13 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
|
14 |
| Terrorism Omnibus Prevention Act.
|
15 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)
|
16 |
| (Text of Section after amendment by P.A. 95-337 and 95-642 ) |
17 |
| Sec. 5-710. Kinds of sentencing orders.
|
18 |
| (1) The following kinds of sentencing orders may be made in |
19 |
| respect of
wards of the court:
|
20 |
| (a) Except as provided in Sections 5-805, 5-810, 5-815, |
21 |
| a minor who is
found
guilty under Section 5-620 may be:
|
22 |
| (i) put on probation or conditional discharge and |
23 |
| released to his or her
parents, guardian or legal |
24 |
| custodian, provided, however, that any such minor
who |
25 |
| is not committed to the Department of Juvenile Justice |
|
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09500HB4988ham003 |
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| under
this subsection and who is found to be a |
2 |
| delinquent for an offense which is
first degree murder, |
3 |
| a Class X felony, or a forcible felony shall be placed |
4 |
| on
probation;
|
5 |
| (ii) placed in accordance with Section 5-740, with |
6 |
| or without also being
put on probation or conditional |
7 |
| discharge;
|
8 |
| (iii) required to undergo a substance abuse |
9 |
| assessment conducted by a
licensed provider and |
10 |
| participate in the indicated clinical level of care;
|
11 |
| (iv) placed in the guardianship of the Department |
12 |
| of Children and Family
Services, but only if the |
13 |
| delinquent minor is under 15 years of age or, pursuant |
14 |
| to Article II of this Act, a minor for whom an |
15 |
| independent basis of abuse, neglect, or dependency |
16 |
| exists. An independent basis exists when the |
17 |
| allegations or adjudication of abuse, neglect, or |
18 |
| dependency do not arise from the same facts, incident, |
19 |
| or circumstances which give rise to a charge or |
20 |
| adjudication of delinquency;
|
21 |
| (v) placed in detention for a period not to exceed |
22 |
| 30 days, either as
the
exclusive order of disposition |
23 |
| or, where appropriate, in conjunction with any
other |
24 |
| order of disposition issued under this paragraph, |
25 |
| provided that any such
detention shall be in a juvenile |
26 |
| detention home and the minor so detained shall
be 13 10 |
|
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09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| years of age or older. However, the 30-day limitation |
2 |
| may be extended by
further order of the court for a |
3 |
| minor under age 15 committed to the Department
of |
4 |
| Children and Family Services if the court finds that |
5 |
| the minor is a danger
to himself or others. The minor |
6 |
| shall be given credit on the sentencing order
of |
7 |
| detention for time spent in detention under Sections |
8 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a |
9 |
| result of the offense for which the sentencing order |
10 |
| was imposed.
The court may grant credit on a sentencing |
11 |
| order of detention entered under a
violation of |
12 |
| probation or violation of conditional discharge under |
13 |
| Section
5-720 of this Article for time spent in |
14 |
| detention before the filing of the
petition
alleging |
15 |
| the violation. A minor shall not be deprived of credit |
16 |
| for time spent
in detention before the filing of a |
17 |
| violation of probation or conditional
discharge |
18 |
| alleging the same or related act or acts;
|
19 |
| (vi) ordered partially or completely emancipated |
20 |
| in accordance with the
provisions of the Emancipation |
21 |
| of Minors Act;
|
22 |
| (vii) subject to having his or her driver's license |
23 |
| or driving
privileges
suspended for such time as |
24 |
| determined by the court but only until he or she
|
25 |
| attains 18 years of age;
|
26 |
| (viii) put on probation or conditional discharge |
|
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09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| and placed in detention
under Section 3-6039 of the |
2 |
| Counties Code for a period not to exceed the period
of |
3 |
| incarceration permitted by law for adults found guilty |
4 |
| of the same offense
or offenses for which the minor was |
5 |
| adjudicated delinquent, and in any event no
longer than |
6 |
| upon attainment of age 21; this subdivision (viii) |
7 |
| notwithstanding
any contrary provision of the law; or
|
8 |
| (ix) ordered to undergo a medical or other |
9 |
| procedure to have a tattoo
symbolizing allegiance to a |
10 |
| street gang removed from his or her body.
|
11 |
| (b) A minor found to be guilty may be committed to the |
12 |
| Department of
Juvenile Justice under Section 5-750 if the |
13 |
| minor is 13 years of age or
older,
provided that the |
14 |
| commitment to the Department of Juvenile Justice shall be |
15 |
| made only if a term of incarceration is permitted by law |
16 |
| for
adults found guilty of the offense for which the minor |
17 |
| was adjudicated
delinquent. The time during which a minor |
18 |
| is in custody before being released
upon the request of a |
19 |
| parent, guardian or legal custodian shall be considered
as |
20 |
| time spent in detention.
|
21 |
| (c) When a minor is found to be guilty for an offense |
22 |
| which is a violation
of the Illinois Controlled Substances |
23 |
| Act, the Cannabis Control Act, or the Methamphetamine |
24 |
| Control and Community Protection Act and made
a ward of the |
25 |
| court, the court may enter a disposition order requiring |
26 |
| the
minor to undergo assessment,
counseling or treatment in |
|
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09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| a substance abuse program approved by the Department
of |
2 |
| Human Services.
|
3 |
| (2) Any sentencing order other than commitment to the |
4 |
| Department of
Juvenile Justice may provide for protective |
5 |
| supervision under
Section 5-725 and may include an order of |
6 |
| protection under Section 5-730.
|
7 |
| (3) Unless the sentencing order expressly so provides, it |
8 |
| does not operate
to close proceedings on the pending petition, |
9 |
| but is subject to modification
until final closing and |
10 |
| discharge of the proceedings under Section 5-750.
|
11 |
| (4) In addition to any other sentence, the court may order |
12 |
| any
minor
found to be delinquent to make restitution, in |
13 |
| monetary or non-monetary form,
under the terms and conditions |
14 |
| of Section 5-5-6 of the Unified Code of
Corrections, except |
15 |
| that the "presentencing hearing" referred to in that
Section
|
16 |
| shall be
the sentencing hearing for purposes of this Section. |
17 |
| The parent, guardian or
legal custodian of the minor may be |
18 |
| ordered by the court to pay some or all of
the restitution on |
19 |
| the minor's behalf, pursuant to the Parental Responsibility
|
20 |
| Law. The State's Attorney is authorized to act
on behalf of any |
21 |
| victim in seeking restitution in proceedings under this
|
22 |
| Section, up to the maximum amount allowed in Section 5 of the |
23 |
| Parental
Responsibility Law.
|
24 |
| (5) Any sentencing order where the minor is committed or |
25 |
| placed in
accordance
with Section 5-740 shall provide for the |
26 |
| parents or guardian of the estate of
the minor to pay to the |
|
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09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| legal custodian or guardian of the person of the minor
such |
2 |
| sums as are determined by the custodian or guardian of the |
3 |
| person of the
minor as necessary for the minor's needs. The |
4 |
| payments may not exceed the
maximum amounts provided for by |
5 |
| Section 9.1 of the Children and Family Services
Act.
|
6 |
| (6) Whenever the sentencing order requires the minor to |
7 |
| attend school or
participate in a program of training, the |
8 |
| truant officer or designated school
official shall regularly |
9 |
| report to the court if the minor is a chronic or
habitual |
10 |
| truant under Section 26-2a of the School Code.
|
11 |
| (7) In no event shall a guilty minor be committed to the |
12 |
| Department of
Juvenile Justice for a period of time in
excess |
13 |
| of
that period for which an adult could be committed for the |
14 |
| same act.
|
15 |
| (8) A minor found to be guilty for reasons that include a |
16 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall |
17 |
| be ordered to perform
community service for not less than 30 |
18 |
| and not more than 120 hours, if
community service is available |
19 |
| in the jurisdiction. The community service
shall include, but |
20 |
| need not be limited to, the cleanup and repair of the damage
|
21 |
| that was caused by the violation or similar damage to property |
22 |
| located in the
municipality or county in which the violation |
23 |
| occurred. The order may be in
addition to any other order |
24 |
| authorized by this Section.
|
25 |
| (8.5) A minor found to be guilty for reasons that include a |
26 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care |
|
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09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| for Animals Act or paragraph (d) of
subsection (1) of
Section |
2 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo |
3 |
| medical or psychiatric treatment rendered by
a
psychiatrist or |
4 |
| psychological treatment rendered by a clinical psychologist.
|
5 |
| The order
may be in addition to any other order authorized by |
6 |
| this Section.
|
7 |
| (9) In addition to any other sentencing order, the court |
8 |
| shall order any
minor found
to be guilty for an act which would |
9 |
| constitute, predatory criminal sexual
assault of a child, |
10 |
| aggravated criminal sexual assault, criminal sexual
assault, |
11 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
|
12 |
| committed by an
adult to undergo medical testing to determine |
13 |
| whether the defendant has any
sexually transmissible disease |
14 |
| including a test for infection with human
immunodeficiency |
15 |
| virus (HIV) or any other identified causative agency of
|
16 |
| acquired immunodeficiency syndrome (AIDS). Any medical test |
17 |
| shall be performed
only by appropriately licensed medical |
18 |
| practitioners and may include an
analysis of any bodily fluids |
19 |
| as well as an examination of the minor's person.
Except as |
20 |
| otherwise provided by law, the results of the test shall be |
21 |
| kept
strictly confidential by all medical personnel involved in |
22 |
| the testing and must
be personally delivered in a sealed |
23 |
| envelope to the judge of the court in which
the sentencing |
24 |
| order was entered for the judge's inspection in camera. Acting
|
25 |
| in accordance with the best interests of the victim and the |
26 |
| public, the judge
shall have the discretion to determine to |
|
|
|
09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| whom the results of the testing may
be revealed. The court |
2 |
| shall notify the minor of the results of the test for
infection |
3 |
| with the human immunodeficiency virus (HIV). The court shall |
4 |
| also
notify the victim if requested by the victim, and if the |
5 |
| victim is under the
age of 15 and if requested by the victim's |
6 |
| parents or legal guardian, the court
shall notify the victim's |
7 |
| parents or the legal guardian, of the results of the
test for |
8 |
| infection with the human immunodeficiency virus (HIV). The |
9 |
| court
shall provide information on the availability of HIV |
10 |
| testing and counseling at
the Department of Public Health |
11 |
| facilities to all parties to whom the
results of the testing |
12 |
| are revealed. The court shall order that the cost of
any test |
13 |
| shall be paid by the county and may be taxed as costs against |
14 |
| the
minor.
|
15 |
| (10) When a court finds a minor to be guilty the court |
16 |
| shall, before
entering a sentencing order under this Section, |
17 |
| make a finding whether the
offense committed either: (a) was |
18 |
| related to or in furtherance of the criminal
activities of an |
19 |
| organized gang or was motivated by the minor's membership in
or |
20 |
| allegiance to an organized gang, or (b) involved a violation of
|
21 |
| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, |
22 |
| a violation of
any
Section of Article 24 of the Criminal Code |
23 |
| of 1961, or a violation of any
statute that involved the |
24 |
| wrongful use of a firearm. If the court determines
the question |
25 |
| in the affirmative,
and the court does not commit the minor to |
26 |
| the Department of Juvenile Justice, the court shall order the |
|
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09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| minor to perform community service
for not less than 30 hours |
2 |
| nor more than 120 hours, provided that community
service is |
3 |
| available in the jurisdiction and is funded and approved by the
|
4 |
| county board of the county where the offense was committed. The |
5 |
| community
service shall include, but need not be limited to, |
6 |
| the cleanup and repair of
any damage caused by a violation of |
7 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage |
8 |
| to property located in the municipality or county in which
the |
9 |
| violation occurred. When possible and reasonable, the |
10 |
| community service
shall be performed in the minor's |
11 |
| neighborhood. This order shall be in
addition to any other |
12 |
| order authorized by this Section
except for an order to place |
13 |
| the minor in the custody of the Department of
Juvenile Justice. |
14 |
| For the purposes of this Section, "organized
gang" has the |
15 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
|
16 |
| Terrorism Omnibus Prevention Act.
|
17 |
| (11) If the court determines that the offense was committed |
18 |
| in furtherance of the criminal activities of an organized gang, |
19 |
| as provided in subsection (10), and that the offense involved |
20 |
| the operation or use of a motor vehicle or the use of a |
21 |
| driver's license or permit, the court shall notify the |
22 |
| Secretary of State of that determination and of the period for |
23 |
| which the minor shall be denied driving privileges. If, at the |
24 |
| time of the determination, the minor does not hold a driver's |
25 |
| license or permit, the court shall provide that the minor shall |
26 |
| not be issued a driver's license or permit until his or her |
|
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09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| 18th birthday. If the minor holds a driver's license or permit |
2 |
| at the time of the determination, the court shall provide that |
3 |
| the minor's driver's license or permit shall be revoked until |
4 |
| his or her 21st birthday, or until a later date or occurrence |
5 |
| determined by the court. If the minor holds a driver's license |
6 |
| at the time of the determination, the court may direct the |
7 |
| Secretary of State to issue the minor a judicial driving |
8 |
| permit, also known as a JDP. The JDP shall be subject to the |
9 |
| same terms as a JDP issued under Section 6-206.1 of the |
10 |
| Illinois Vehicle Code, except that the court may direct that |
11 |
| the JDP be effective immediately.
|
12 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06; |
13 |
| 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; revised 11-19-07.)
|
14 |
| Section 10. The Unified Code of Corrections is amended by |
15 |
| changing Section 3-2.5-65 as follows: |
16 |
| (730 ILCS 5/3-2.5-65)
|
17 |
| Sec. 3-2.5-65. Juvenile Advisory Board. |
18 |
| (a) There is created a Juvenile Advisory Board composed of |
19 |
| 11 persons, appointed by the Governor to advise the Director on |
20 |
| matters pertaining to juvenile offenders. The terms of the |
21 |
| current members of the Board shall expire on the effective date |
22 |
| of this amendatory Act of the 95th General Assembly. The Board |
23 |
| shall consist of the following members: |
24 |
| (1) one member appointed by the Director of Juvenile |
|
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|
09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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| Justice; |
2 |
| (2) one legislative member appointed by the President |
3 |
| of the Senate; |
4 |
| (3) one legislative member appointed by the Minority |
5 |
| Leader of the Senate; |
6 |
| (4) one legislative member appointed by the Speaker of |
7 |
| the House; |
8 |
| (5) one legislative member appointed by the Minority |
9 |
| Leader of the House; |
10 |
| (6) one member appointed by the Governor; |
11 |
| (7) one member appointed by the Administrative Office |
12 |
| of the Illinois Courts; |
13 |
| (8) one member appointed by the Secretary of Human |
14 |
| Services; |
15 |
| (9) one member appointed by the Director of Children |
16 |
| and Family Services; |
17 |
| (10) one member appointed by all Representatives and |
18 |
| Senators jointly from among nominations received from |
19 |
| organizations representing a community in Chicago with the |
20 |
| highest number of juveniles remanded to the Department of |
21 |
| Juvenile Justice; and |
22 |
| (11) one member appointed by the Chair of the Illinois |
23 |
| Redeploy Illinois Partnership. |
24 |
| The members of the Board shall be qualified for their |
25 |
| positions by demonstrated interest in and knowledge of |
26 |
| juveniles in the justice system juvenile correctional work |
|
|
|
09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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|
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| consistent with the definition of purpose and mission of the |
2 |
| Department in Section 3-2.5-5 and shall not be officials of the |
3 |
| State in any other capacity . The members under this amendatory |
4 |
| Act of the 95th 94th General Assembly shall be appointed as |
5 |
| soon as possible after the effective date of this amendatory |
6 |
| Act of the 95th 94th General Assembly . Appointing authorities |
7 |
| shall file notice of appointment with the Department of |
8 |
| Juvenile Justice, Clerk of the House and Secretary of the |
9 |
| Senate. All and be appointed to staggered terms 3 each expiring |
10 |
| in 2007, 2008, and 2009 and 2 of the members' terms expiring in |
11 |
| 2010. Thereafter all members will serve for a term of 3 6 |
12 |
| years, except that members shall continue to serve until their |
13 |
| replacements are appointed. Any vacancy occurring shall be |
14 |
| filled in the same manner for the remainder of the term. The |
15 |
| Director of Juvenile Justice shall be an ex officio member of |
16 |
| the Board. The Board shall elect a chair from among its |
17 |
| appointed members. The Director shall serve as secretary of the |
18 |
| Board. Members of the Board shall serve without compensation |
19 |
| but shall be reimbursed for expenses necessarily incurred in |
20 |
| the performance of their duties. The Board may begin to conduct |
21 |
| business upon appointment of a majority of its members. The |
22 |
| Board shall meet at least quarterly and at other times at the |
23 |
| call of the chair. The Board may conduct meetings by |
24 |
| telecommunication where possible to minimize travel expenses, |
25 |
| and shall utilize existing resources, including existing data |
26 |
| from JMIS and from the juvenile justice reports from the |
|
|
|
09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
|
|
1 |
| Illinois Criminal Justice Information Authority, as well as |
2 |
| reports from the Department of Juvenile Justice. The Board may |
3 |
| receive administrative support and funding through specific |
4 |
| appropriations available for its purposes made to the |
5 |
| Department of Juvenile Justice or through private grants |
6 |
| specified for the purposes of this Section, or both. |
7 |
| (b) The Board shall: |
8 |
| (0.05) By December 1st of each year, be provided by the |
9 |
| Department with the following information for its review |
10 |
| and comment: |
11 |
| (A) the proposed annual operating plans and budget |
12 |
| for the next fiscal year; |
13 |
| (B) any long-range plans; |
14 |
| (C) data on the youth held within the Department of |
15 |
| Juvenile Justice, including demographic information |
16 |
| such as race, age, venue and sex; committing offenses; |
17 |
| whether Redeploy Illinois efforts were utilized prior |
18 |
| to commitment; length of stay and recidivism data; |
19 |
| (D) training programs and policies; |
20 |
| (E) staffing levels; |
21 |
| (F) disciplinary policies; and |
22 |
| (G) any other information relevant to the |
23 |
| management and operation of the Department. |
24 |
| (0.06) Advise the Department on all aspects of the |
25 |
| Department's responsibilities under this Act. It shall be |
26 |
| the Board's responsibility to monitor the development of |
|
|
|
09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
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|
1 |
| the annual budget, along with the implementation of |
2 |
| programs and policies consistent with the intent of the |
3 |
| Department of Juvenile Justice to shift Illinois to a |
4 |
| treatment mode of care for its youth in confinement, to |
5 |
| ensure that youth are adequately prepared for reentry as |
6 |
| soon as possible, and to develop a comprehensive community |
7 |
| based continuum of alternatives to confinement to ensure |
8 |
| that confinement is used only as a last resort and for as |
9 |
| short a time as possible. The Board shall place particular |
10 |
| emphasis on the development of adequate training for staff, |
11 |
| adequate programming within the facilities, adequate |
12 |
| reentry planning and programming, and appropriate |
13 |
| discipline consistent with a treatment philosophy. |
14 |
| (1) (Blank) Advise the Director concerning policy |
15 |
| matters and programs of the Department with regard to the |
16 |
| custody, care, study, discipline, training, and treatment |
17 |
| of juveniles in the State juvenile correctional |
18 |
| institutions and for the care and supervision of juveniles |
19 |
| released on parole .
|
20 |
| (2) Establish, with the Director and in conjunction |
21 |
| with the Office of the Governor, outcome measures for the |
22 |
| Department in order to ascertain that it is successfully |
23 |
| fulfilling the mission mandated in Section 3-2.5-5 of this |
24 |
| Code. The annual results of the Department's work as |
25 |
| defined by those measures and data outlined in paragraph |
26 |
| (0.05) of this subsection (b), including a detailed summary |
|
|
|
09500HB4988ham003 |
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LRB095 17571 RLC 49068 a |
|
|
1 |
| of the reduction or increase in youth population along with |
2 |
| reasons for such change, shall be approved by the Board and |
3 |
| shall be included in an annual report transmitted by the |
4 |
| Department to the Governor and General Assembly jointly by |
5 |
| the Director and the Board .
|
6 |
| (3) By December 30, 2010, conduct a study and make |
7 |
| recommendations to the Director, Governor, and General |
8 |
| Assembly concerning: |
9 |
| (A) appropriateness of confinement of youth guilty |
10 |
| of misdemeanor offenses; |
11 |
| (B) appropriateness of confinement of youth based |
12 |
| on technical probation and parole violations; |
13 |
| (C) appropriateness of parole system for youths, |
14 |
| and average length of parole; |
15 |
| (D) availability of alternative placements for |
16 |
| youth who have served their time but have no placement; |
17 |
| (E) availability of community based programming |
18 |
| for youth or low level offenders, or both, including |
19 |
| technical violators; and |
20 |
| (F) funding of confinement and of alternative |
21 |
| community based programming for young or low level |
22 |
| offenders, or both. |
23 |
| (Source: P.A. 94-696, eff. 6-1-06 .) |
24 |
| Section 95. No acceleration or delay. Where this Act makes |
25 |
| changes in a statute that is represented in this Act by text |