97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3196

 

Introduced 2/1/2012, by Sen. Annazette R. Collins

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-410
705 ILCS 405/5-710
705 ILCS 405/5-720

    Amends the Juvenile Court Act of 1987. Increases the minimum age at which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.


LRB097 17364 RLC 62566 b

 

 

A BILL FOR

 

SB3196LRB097 17364 RLC 62566 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-410, 5-710, and 5-720 as follows:
 
6    (705 ILCS 405/5-410)
7    Sec. 5-410. Non-secure custody or detention.
8    (1) Any minor arrested or taken into custody pursuant to
9this Act who requires care away from his or her home but who
10does not require physical restriction shall be given temporary
11care in a foster family home or other shelter facility
12designated by the court.
13    (2) (a) Any minor 13 10 years of age or older arrested
14pursuant to this Act where there is probable cause to believe
15that the minor is a delinquent minor and that (i) secured
16custody is a matter of immediate and urgent necessity for the
17protection of the minor or of the person or property of
18another, (ii) the minor is likely to flee the jurisdiction of
19the court, or (iii) the minor was taken into custody under a
20warrant, may be kept or detained in an authorized detention
21facility. No minor under 12 years of age shall be detained in a
22county jail or a municipal lockup for more than 6 hours.
23    (b) The written authorization of the probation officer or

 

 

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1detention officer (or other public officer designated by the
2court in a county having 3,000,000 or more inhabitants)
3constitutes authority for the superintendent of any juvenile
4detention home to detain and keep a minor for up to 40 hours,
5excluding Saturdays, Sundays and court-designated holidays.
6These records shall be available to the same persons and
7pursuant to the same conditions as are law enforcement records
8as provided in Section 5-905.
9    (b-4) The consultation required by subsection (b-5) shall
10not be applicable if the probation officer or detention officer
11(or other public officer designated by the court in a county
12having 3,000,000 or more inhabitants) utilizes a scorable
13detention screening instrument, which has been developed with
14input by the State's Attorney, to determine whether a minor
15should be detained, however, subsection (b-5) shall still be
16applicable where no such screening instrument is used or where
17the probation officer, detention officer (or other public
18officer designated by the court in a county having 3,000,000 or
19more inhabitants) deviates from the screening instrument.
20    (b-5) Subject to the provisions of subsection (b-4), if a
21probation officer or detention officer (or other public officer
22designated by the court in a county having 3,000,000 or more
23inhabitants) does not intend to detain a minor for an offense
24which constitutes one of the following offenses he or she shall
25consult with the State's Attorney's Office prior to the release
26of the minor: first degree murder, second degree murder,

 

 

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1involuntary manslaughter, criminal sexual assault, aggravated
2criminal sexual assault, aggravated battery with a firearm as
3described in Section 12-4.2 or subdivision (e)(1), (e)(2),
4(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
5battery involving permanent disability or disfigurement or
6great bodily harm, robbery, aggravated robbery, armed robbery,
7vehicular hijacking, aggravated vehicular hijacking, vehicular
8invasion, arson, aggravated arson, kidnapping, aggravated
9kidnapping, home invasion, burglary, or residential burglary.
10    (c) Except as otherwise provided in paragraph (a), (d), or
11(e), no minor shall be detained in a county jail or municipal
12lockup for more than 12 hours, unless the offense is a crime of
13violence in which case the minor may be detained up to 24
14hours. For the purpose of this paragraph, "crime of violence"
15has the meaning ascribed to it in Section 1-10 of the
16Alcoholism and Other Drug Abuse and Dependency Act.
17        (i) The period of detention is deemed to have begun
18    once the minor has been placed in a locked room or cell or
19    handcuffed to a stationary object in a building housing a
20    county jail or municipal lockup. Time spent transporting a
21    minor is not considered to be time in detention or secure
22    custody.
23        (ii) Any minor so confined shall be under periodic
24    supervision and shall not be permitted to come into or
25    remain in contact with adults in custody in the building.
26        (iii) Upon placement in secure custody in a jail or

 

 

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1    lockup, the minor shall be informed of the purpose of the
2    detention, the time it is expected to last and the fact
3    that it cannot exceed the time specified under this Act.
4        (iv) A log shall be kept which shows the offense which
5    is the basis for the detention, the reasons and
6    circumstances for the decision to detain and the length of
7    time the minor was in detention.
8        (v) Violation of the time limit on detention in a
9    county jail or municipal lockup shall not, in and of
10    itself, render inadmissible evidence obtained as a result
11    of the violation of this time limit. Minors under 17 years
12    of age shall be kept separate from confined adults and may
13    not at any time be kept in the same cell, room or yard with
14    adults confined pursuant to criminal law. Persons 17 years
15    of age and older who have a petition of delinquency filed
16    against them may be confined in an adult detention
17    facility. In making a determination whether to confine a
18    person 17 years of age or older who has a petition of
19    delinquency filed against the person, these factors, among
20    other matters, shall be considered:
21            (A) The age of the person;
22            (B) Any previous delinquent or criminal history of
23        the person;
24            (C) Any previous abuse or neglect history of the
25        person; and
26            (D) Any mental health or educational history of the

 

 

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1        person, or both.
2    (d) (i) If a minor 12 years of age or older is confined in a
3county jail in a county with a population below 3,000,000
4inhabitants, then the minor's confinement shall be implemented
5in such a manner that there will be no contact by sight, sound
6or otherwise between the minor and adult prisoners. Minors 12
7years of age or older must be kept separate from confined
8adults and may not at any time be kept in the same cell, room,
9or yard with confined adults. This paragraph (d)(i) shall only
10apply to confinement pending an adjudicatory hearing and shall
11not exceed 40 hours, excluding Saturdays, Sundays and court
12designated holidays. To accept or hold minors during this time
13period, county jails shall comply with all monitoring standards
14promulgated by the Department of Corrections and training
15standards approved by the Illinois Law Enforcement Training
16Standards Board.
17    (ii) To accept or hold minors, 12 years of age or older,
18after the time period prescribed in paragraph (d)(i) of this
19subsection (2) of this Section but not exceeding 7 days
20including Saturdays, Sundays and holidays pending an
21adjudicatory hearing, county jails shall comply with all
22temporary detention standards promulgated by the Department of
23Corrections and training standards approved by the Illinois Law
24Enforcement Training Standards Board.
25    (iii) To accept or hold minors 12 years of age or older,
26after the time period prescribed in paragraphs (d)(i) and

 

 

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1(d)(ii) of this subsection (2) of this Section, county jails
2shall comply with all programmatic and training standards for
3juvenile detention homes promulgated by the Department of
4Corrections.
5    (e) When a minor who is at least 15 years of age is
6prosecuted under the criminal laws of this State, the court may
7enter an order directing that the juvenile be confined in the
8county jail. However, any juvenile confined in the county jail
9under this provision shall be separated from adults who are
10confined in the county jail in such a manner that there will be
11no contact by sight, sound or otherwise between the juvenile
12and adult prisoners.
13    (f) For purposes of appearing in a physical lineup, the
14minor may be taken to a county jail or municipal lockup under
15the direct and constant supervision of a juvenile police
16officer. During such time as is necessary to conduct a lineup,
17and while supervised by a juvenile police officer, the sight
18and sound separation provisions shall not apply.
19    (g) For purposes of processing a minor, the minor may be
20taken to a County Jail or municipal lockup under the direct and
21constant supervision of a law enforcement officer or
22correctional officer. During such time as is necessary to
23process the minor, and while supervised by a law enforcement
24officer or correctional officer, the sight and sound separation
25provisions shall not apply.
26    (3) If the probation officer or State's Attorney (or such

 

 

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1other public officer designated by the court in a county having
23,000,000 or more inhabitants) determines that the minor may be
3a delinquent minor as described in subsection (3) of Section
45-105, and should be retained in custody but does not require
5physical restriction, the minor may be placed in non-secure
6custody for up to 40 hours pending a detention hearing.
7    (4) Any minor taken into temporary custody, not requiring
8secure detention, may, however, be detained in the home of his
9or her parent or guardian subject to such conditions as the
10court may impose.
11(Source: P.A. 96-1551, eff. 7-1-11.)
 
12    (705 ILCS 405/5-710)
13    Sec. 5-710. Kinds of sentencing orders.
14    (1) The following kinds of sentencing orders may be made in
15respect of wards of the court:
16        (a) Except as provided in Sections 5-805, 5-810, 5-815,
17    a minor who is found guilty under Section 5-620 may be:
18            (i) put on probation or conditional discharge and
19        released to his or her parents, guardian or legal
20        custodian, provided, however, that any such minor who
21        is not committed to the Department of Juvenile Justice
22        under this subsection and who is found to be a
23        delinquent for an offense which is first degree murder,
24        a Class X felony, or a forcible felony shall be placed
25        on probation;

 

 

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1            (ii) placed in accordance with Section 5-740, with
2        or without also being put on probation or conditional
3        discharge;
4            (iii) required to undergo a substance abuse
5        assessment conducted by a licensed provider and
6        participate in the indicated clinical level of care;
7            (iv) placed in the guardianship of the Department
8        of Children and Family Services, but only if the
9        delinquent minor is under 15 years of age or, pursuant
10        to Article II of this Act, a minor for whom an
11        independent basis of abuse, neglect, or dependency
12        exists. An independent basis exists when the
13        allegations or adjudication of abuse, neglect, or
14        dependency do not arise from the same facts, incident,
15        or circumstances which give rise to a charge or
16        adjudication of delinquency;
17            (v) placed in detention for a period not to exceed
18        30 days, either as the exclusive order of disposition
19        or, where appropriate, in conjunction with any other
20        order of disposition issued under this paragraph,
21        provided that any such detention shall be in a juvenile
22        detention home and the minor so detained shall be 13 10
23        years of age or older. However, the 30-day limitation
24        may be extended by further order of the court for a
25        minor under age 15 committed to the Department of
26        Children and Family Services if the court finds that

 

 

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1        the minor is a danger to himself or others. The minor
2        shall be given credit on the sentencing order of
3        detention for time spent in detention under Sections
4        5-501, 5-601, 5-710, or 5-720 of this Article as a
5        result of the offense for which the sentencing order
6        was imposed. The court may grant credit on a sentencing
7        order of detention entered under a violation of
8        probation or violation of conditional discharge under
9        Section 5-720 of this Article for time spent in
10        detention before the filing of the petition alleging
11        the violation. A minor shall not be deprived of credit
12        for time spent in detention before the filing of a
13        violation of probation or conditional discharge
14        alleging the same or related act or acts;
15            (vi) ordered partially or completely emancipated
16        in accordance with the provisions of the Emancipation
17        of Minors Act;
18            (vii) subject to having his or her driver's license
19        or driving privileges suspended for such time as
20        determined by the court but only until he or she
21        attains 18 years of age;
22            (viii) put on probation or conditional discharge
23        and placed in detention under Section 3-6039 of the
24        Counties Code for a period not to exceed the period of
25        incarceration permitted by law for adults found guilty
26        of the same offense or offenses for which the minor was

 

 

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1        adjudicated delinquent, and in any event no longer than
2        upon attainment of age 21; this subdivision (viii)
3        notwithstanding any contrary provision of the law;
4            (ix) ordered to undergo a medical or other
5        procedure to have a tattoo symbolizing allegiance to a
6        street gang removed from his or her body; or
7            (x) placed in electronic home detention under Part
8        7A of this Article.
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.

 

 

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1    (2) Any sentencing order other than commitment to the
2Department of Juvenile Justice may provide for protective
3supervision under Section 5-725 and may include an order of
4protection under Section 5-730.
5    (3) Unless the sentencing order expressly so provides, it
6does not operate to close proceedings on the pending petition,
7but is subject to modification until final closing and
8discharge of the proceedings under Section 5-750.
9    (4) In addition to any other sentence, the court may order
10any minor found to be delinquent to make restitution, in
11monetary or non-monetary form, under the terms and conditions
12of Section 5-5-6 of the Unified Code of Corrections, except
13that the "presentencing hearing" referred to in that Section
14shall be the sentencing hearing for purposes of this Section.
15The parent, guardian or legal custodian of the minor may be
16ordered by the court to pay some or all of the restitution on
17the minor's behalf, pursuant to the Parental Responsibility
18Law. The State's Attorney is authorized to act on behalf of any
19victim in seeking restitution in proceedings under this
20Section, up to the maximum amount allowed in Section 5 of the
21Parental Responsibility Law.
22    (5) Any sentencing order where the minor is committed or
23placed in accordance with Section 5-740 shall provide for the
24parents or guardian of the estate of the minor to pay to the
25legal custodian or guardian of the person of the minor such
26sums as are determined by the custodian or guardian of the

 

 

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1person of the minor as necessary for the minor's needs. The
2payments may not exceed the maximum amounts provided for by
3Section 9.1 of the Children and Family Services Act.
4    (6) Whenever the sentencing order requires the minor to
5attend school or participate in a program of training, the
6truant officer or designated school official shall regularly
7report to the court if the minor is a chronic or habitual
8truant under Section 26-2a of the School Code. Notwithstanding
9any other provision of this Act, in instances in which
10educational services are to be provided to a minor in a
11residential facility where the minor has been placed by the
12court, costs incurred in the provision of those educational
13services must be allocated based on the requirements of the
14School Code.
15    (7) In no event shall a guilty minor be committed to the
16Department of Juvenile Justice for a period of time in excess
17of that period for which an adult could be committed for the
18same act.
19    (8) A minor found to be guilty for reasons that include a
20violation of Section 21-1.3 of the Criminal Code of 1961 shall
21be ordered to perform community service for not less than 30
22and not more than 120 hours, if community service is available
23in the jurisdiction. The community service shall include, but
24need not be limited to, the cleanup and repair of the damage
25that was caused by the violation or similar damage to property
26located in the municipality or county in which the violation

 

 

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1occurred. The order may be in addition to any other order
2authorized by this Section.
3    (8.5) A minor found to be guilty for reasons that include a
4violation of Section 3.02 or Section 3.03 of the Humane Care
5for Animals Act or paragraph (d) of subsection (1) of Section
621-1 of the Criminal Code of 1961 shall be ordered to undergo
7medical or psychiatric treatment rendered by a psychiatrist or
8psychological treatment rendered by a clinical psychologist.
9The order may be in addition to any other order authorized by
10this Section.
11    (9) In addition to any other sentencing order, the court
12shall order any minor found to be guilty for an act which would
13constitute, predatory criminal sexual assault of a child,
14aggravated criminal sexual assault, criminal sexual assault,
15aggravated criminal sexual abuse, or criminal sexual abuse if
16committed by an adult to undergo medical testing to determine
17whether the defendant has any sexually transmissible disease
18including a test for infection with human immunodeficiency
19virus (HIV) or any other identified causative agency of
20acquired immunodeficiency syndrome (AIDS). Any medical test
21shall be performed only by appropriately licensed medical
22practitioners and may include an analysis of any bodily fluids
23as well as an examination of the minor's person. Except as
24otherwise provided by law, the results of the test shall be
25kept strictly confidential by all medical personnel involved in
26the testing and must be personally delivered in a sealed

 

 

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1envelope to the judge of the court in which the sentencing
2order was entered for the judge's inspection in camera. Acting
3in accordance with the best interests of the victim and the
4public, the judge shall have the discretion to determine to
5whom the results of the testing may be revealed. The court
6shall notify the minor of the results of the test for infection
7with the human immunodeficiency virus (HIV). The court shall
8also notify the victim if requested by the victim, and if the
9victim is under the age of 15 and if requested by the victim's
10parents or legal guardian, the court shall notify the victim's
11parents or the legal guardian, of the results of the test for
12infection with the human immunodeficiency virus (HIV). The
13court shall provide information on the availability of HIV
14testing and counseling at the Department of Public Health
15facilities to all parties to whom the results of the testing
16are revealed. The court shall order that the cost of any test
17shall be paid by the county and may be taxed as costs against
18the minor.
19    (10) When a court finds a minor to be guilty the court
20shall, before entering a sentencing order under this Section,
21make a finding whether the offense committed either: (a) was
22related to or in furtherance of the criminal activities of an
23organized gang or was motivated by the minor's membership in or
24allegiance to an organized gang, or (b) involved a violation of
25subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
26a violation of any Section of Article 24 of the Criminal Code

 

 

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1of 1961, or a violation of any statute that involved the
2wrongful use of a firearm. If the court determines the question
3in the affirmative, and the court does not commit the minor to
4the Department of Juvenile Justice, the court shall order the
5minor to perform community service for not less than 30 hours
6nor more than 120 hours, provided that community service is
7available in the jurisdiction and is funded and approved by the
8county board of the county where the offense was committed. The
9community service shall include, but need not be limited to,
10the cleanup and repair of any damage caused by a violation of
11Section 21-1.3 of the Criminal Code of 1961 and similar damage
12to property located in the municipality or county in which the
13violation occurred. When possible and reasonable, the
14community service shall be performed in the minor's
15neighborhood. This order shall be in addition to any other
16order authorized by this Section except for an order to place
17the minor in the custody of the Department of Juvenile Justice.
18For the purposes of this Section, "organized gang" has the
19meaning ascribed to it in Section 10 of the Illinois Streetgang
20Terrorism Omnibus Prevention Act.
21    (11) If the court determines that the offense was committed
22in furtherance of the criminal activities of an organized gang,
23as provided in subsection (10), and that the offense involved
24the operation or use of a motor vehicle or the use of a
25driver's license or permit, the court shall notify the
26Secretary of State of that determination and of the period for

 

 

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1which the minor shall be denied driving privileges. If, at the
2time of the determination, the minor does not hold a driver's
3license or permit, the court shall provide that the minor shall
4not be issued a driver's license or permit until his or her
518th birthday. If the minor holds a driver's license or permit
6at the time of the determination, the court shall provide that
7the minor's driver's license or permit shall be revoked until
8his or her 21st birthday, or until a later date or occurrence
9determined by the court. If the minor holds a driver's license
10at the time of the determination, the court may direct the
11Secretary of State to issue the minor a judicial driving
12permit, also known as a JDP. The JDP shall be subject to the
13same terms as a JDP issued under Section 6-206.1 of the
14Illinois Vehicle Code, except that the court may direct that
15the JDP be effective immediately.
16    (12) If a minor is found to be guilty of a violation of
17subsection (a-7) of Section 1 of the Prevention of Tobacco Use
18by Minors Act, the court may, in its discretion, and upon
19recommendation by the State's Attorney, order that minor and
20his or her parents or legal guardian to attend a smoker's
21education or youth diversion program as defined in that Act if
22that program is available in the jurisdiction where the
23offender resides. Attendance at a smoker's education or youth
24diversion program shall be time-credited against any community
25service time imposed for any first violation of subsection
26(a-7) of Section 1 of that Act. In addition to any other

 

 

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1penalty that the court may impose for a violation of subsection
2(a-7) of Section 1 of that Act, the court, upon request by the
3State's Attorney, may in its discretion require the offender to
4remit a fee for his or her attendance at a smoker's education
5or youth diversion program.
6    For purposes of this Section, "smoker's education program"
7or "youth diversion program" includes, but is not limited to, a
8seminar designed to educate a person on the physical and
9psychological effects of smoking tobacco products and the
10health consequences of smoking tobacco products that can be
11conducted with a locality's youth diversion program.
12    In addition to any other penalty that the court may impose
13under this subsection (12):
14        (a) If a minor violates subsection (a-7) of Section 1
15    of the Prevention of Tobacco Use by Minors Act, the court
16    may impose a sentence of 15 hours of community service or a
17    fine of $25 for a first violation.
18        (b) A second violation by a minor of subsection (a-7)
19    of Section 1 of that Act that occurs within 12 months after
20    the first violation is punishable by a fine of $50 and 25
21    hours of community service.
22        (c) A third or subsequent violation by a minor of
23    subsection (a-7) of Section 1 of that Act that occurs
24    within 12 months after the first violation is punishable by
25    a $100 fine and 30 hours of community service.
26        (d) Any second or subsequent violation not within the

 

 

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1    12-month time period after the first violation is
2    punishable as provided for a first violation.
3(Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844,
4eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09;
596-293, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
6    (705 ILCS 405/5-720)
7    Sec. 5-720. Probation revocation.
8    (1) If a petition is filed charging a violation of a
9condition of probation or of conditional discharge, the court
10shall:
11        (a) order the minor to appear; or
12        (b) order the minor's detention if the court finds that
13    the detention is a matter of immediate and urgent necessity
14    for the protection of the minor or of the person or
15    property of another or that the minor is likely to flee the
16    jurisdiction of the court, provided that any such detention
17    shall be in a juvenile detention home and the minor so
18    detained shall be 13 10 years of age or older; and
19        (c) notify the persons named in the petition under
20    Section 5-520, in accordance with the provisions of Section
21    5-530.
22    In making its detention determination under paragraph (b)
23of this subsection (1) of this Section, the court may use
24information in its findings offered at such a hearing by way of
25proffer based upon reliable information presented by the State,

 

 

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1probation officer, or the minor. The filing of a petition for
2violation of a condition of probation or of conditional
3discharge shall toll the period of probation or of conditional
4discharge until the final determination of the charge, and the
5term of probation or conditional discharge shall not run until
6the hearing and disposition of the petition for violation.
7    (2) The court shall conduct a hearing of the alleged
8violation of probation or of conditional discharge. The minor
9shall not be held in detention longer than 15 days pending the
10determination of the alleged violation.
11    (3) At the hearing, the State shall have the burden of
12going forward with the evidence and proving the violation by a
13preponderance of the evidence. The evidence shall be presented
14in court with the right of confrontation, cross-examination,
15and representation by counsel.
16    (4) If the court finds that the minor has violated a
17condition at any time prior to the expiration or termination of
18the period of probation or conditional discharge, it may
19continue him or her on the existing sentence, with or without
20modifying or enlarging the conditions, or may revoke probation
21or conditional discharge and impose any other sentence that was
22available under Section 5-710 at the time of the initial
23sentence.
24    (5) The conditions of probation and of conditional
25discharge may be reduced or enlarged by the court on motion of
26the probation officer or on its own motion or at the request of

 

 

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1the minor after notice and hearing under this Section.
2    (6) Sentencing after revocation of probation or of
3conditional discharge shall be under Section 5-705.
4    (7) Instead of filing a violation of probation or of
5conditional discharge, the probation officer, with the
6concurrence of his or her supervisor, may serve on the minor a
7notice of intermediate sanctions. The notice shall contain the
8technical violation or violations involved, the date or dates
9of the violation or violations, and the intermediate sanctions
10to be imposed. Upon receipt of the notice, the minor shall
11immediately accept or reject the intermediate sanctions. If the
12sanctions are accepted, they shall be imposed immediately. If
13the intermediate sanctions are rejected or the minor does not
14respond to the notice, a violation of probation or of
15conditional discharge shall be immediately filed with the
16court. The State's Attorney and the sentencing court shall be
17notified of the notice of sanctions. Upon successful completion
18of the intermediate sanctions, a court may not revoke probation
19or conditional discharge or impose additional sanctions for the
20same violation. A notice of intermediate sanctions may not be
21issued for any violation of probation or conditional discharge
22which could warrant an additional, separate felony charge.
23(Source: P.A. 90-590, eff. 1-1-99.)