SB1844 EngrossedLRB098 09863 RLC 40021 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 Section 5-710 as follows:
 
6    (705 ILCS 405/5-710)
7    Sec. 5-710. Kinds of sentencing orders.
8    (1) The following kinds of sentencing orders may be made in
9respect of wards of the court:
10        (a) Except as provided in Sections 5-805, 5-810, 5-815,
11    a minor who is found guilty under Section 5-620 may be:
12            (i) put on probation or conditional discharge and
13        released to his or her parents, guardian or legal
14        custodian, provided, however, that any such minor who
15        is not committed to the Department of Juvenile Justice
16        under this subsection and who is found to be a
17        delinquent for an offense which is first degree murder,
18        a Class X felony, or a forcible felony shall be placed
19        on probation;
20            (ii) placed in accordance with Section 5-740, with
21        or without also being put on probation or conditional
22        discharge;
23            (iii) required to undergo a substance abuse

 

 

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1        assessment conducted by a licensed provider and
2        participate in the indicated clinical level of care;
3            (iv) placed in the guardianship of the Department
4        of Children and Family Services, but only if the
5        delinquent minor is under 15 years of age or, pursuant
6        to Article II of this Act, a minor for whom an
7        independent basis of abuse, neglect, or dependency
8        exists. An independent basis exists when the
9        allegations or adjudication of abuse, neglect, or
10        dependency do not arise from the same facts, incident,
11        or circumstances which give rise to a charge or
12        adjudication of delinquency;
13            (v) placed in detention for a period not to exceed
14        30 days, either as the exclusive order of disposition
15        or, where appropriate, in conjunction with any other
16        order of disposition issued under this paragraph,
17        provided that any such detention shall be in a juvenile
18        detention home and the minor so detained shall be 10
19        years of age or older. However, the 30-day limitation
20        may be extended by further order of the court for a
21        minor under age 15 committed to the Department of
22        Children and Family Services if the court finds that
23        the minor is a danger to himself or others. The minor
24        shall be given credit on the sentencing order of
25        detention for time spent in detention under Sections
26        5-501, 5-601, 5-710, or 5-720 of this Article as a

 

 

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1        result of the offense for which the sentencing order
2        was imposed. The court may grant credit on a sentencing
3        order of detention entered under a violation of
4        probation or violation of conditional discharge under
5        Section 5-720 of this Article for time spent in
6        detention before the filing of the petition alleging
7        the violation. A minor shall not be deprived of credit
8        for time spent in detention before the filing of a
9        violation of probation or conditional discharge
10        alleging the same or related act or acts. The
11        limitation that the minor shall only be placed in a
12        juvenile detention home does not apply as follows:
13            Persons 18 years of age and older who have a
14        petition of delinquency filed against them may be
15        confined in an adult detention facility. In making a
16        determination whether to confine a person 18 years of
17        age or older who has a petition of delinquency filed
18        against the person, these factors, among other
19        matters, shall be considered:
20                (A) the age of the person;
21                (B) any previous delinquent or criminal
22            history of the person;
23                (C) any previous abuse or neglect history of
24            the person;
25                (D) any mental health history of the person;
26            and

 

 

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1                (E) any educational history of the person;
2            (vi) ordered partially or completely emancipated
3        in accordance with the provisions of the Emancipation
4        of Minors Act;
5            (vii) subject to having his or her driver's license
6        or driving privileges suspended for such time as
7        determined by the court but only until he or she
8        attains 18 years of age;
9            (viii) put on probation or conditional discharge
10        and placed in detention under Section 3-6039 of the
11        Counties Code for a period not to exceed the period of
12        incarceration permitted by law for adults found guilty
13        of the same offense or offenses for which the minor was
14        adjudicated delinquent, and in any event no longer than
15        upon attainment of age 21; this subdivision (viii)
16        notwithstanding any contrary provision of the law;
17            (ix) ordered to undergo a medical or other
18        procedure to have a tattoo symbolizing allegiance to a
19        street gang removed from his or her body; or
20            (x) placed in electronic home detention under Part
21        7A of this Article.
22        (b) A minor found to be guilty may be committed to the
23    Department of Juvenile Justice under Section 5-750 if the
24    minor is 13 years of age or older, provided that the
25    commitment to the Department of Juvenile Justice shall be
26    made only if a term of incarceration is permitted by law

 

 

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1    for adults found guilty of the offense for which the minor
2    was adjudicated delinquent. The time during which a minor
3    is in custody before being released upon the request of a
4    parent, guardian or legal custodian shall be considered as
5    time spent in detention.
6        (c) When a minor is found to be guilty for an offense
7    which is a violation of the Illinois Controlled Substances
8    Act, the Cannabis Control Act, or the Methamphetamine
9    Control and Community Protection Act and made a ward of the
10    court, the court may enter a disposition order requiring
11    the minor to undergo assessment, counseling or treatment in
12    a substance abuse program approved by the Department of
13    Human Services.
14    (2) Any sentencing order other than commitment to the
15Department of Juvenile Justice may provide for protective
16supervision under Section 5-725 and may include an order of
17protection under Section 5-730.
18    (3) Unless the sentencing order expressly so provides, it
19does not operate to close proceedings on the pending petition,
20but is subject to modification until final closing and
21discharge of the proceedings under Section 5-750.
22    (4) In addition to any other sentence, the court may order
23any minor found to be delinquent to make restitution, in
24monetary or non-monetary form, under the terms and conditions
25of Section 5-5-6 of the Unified Code of Corrections, except
26that the "presentencing hearing" referred to in that Section

 

 

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1shall be the sentencing hearing for purposes of this Section.
2The parent, guardian or legal custodian of the minor may be
3ordered by the court to pay some or all of the restitution on
4the minor's behalf, pursuant to the Parental Responsibility
5Law. The State's Attorney is authorized to act on behalf of any
6victim in seeking restitution in proceedings under this
7Section, up to the maximum amount allowed in Section 5 of the
8Parental Responsibility Law.
9    (5) Any sentencing order where the minor is committed or
10placed in accordance with Section 5-740 shall provide for the
11parents or guardian of the estate of the minor to pay to the
12legal custodian or guardian of the person of the minor such
13sums as are determined by the custodian or guardian of the
14person of the minor as necessary for the minor's needs. The
15payments may not exceed the maximum amounts provided for by
16Section 9.1 of the Children and Family Services Act.
17    (6) Whenever the sentencing order requires the minor to
18attend school or participate in a program of training, the
19truant officer or designated school official shall regularly
20report to the court if the minor is a chronic or habitual
21truant under Section 26-2a of the School Code. Notwithstanding
22any other provision of this Act, in instances in which
23educational services are to be provided to a minor in a
24residential facility where the minor has been placed by the
25court, costs incurred in the provision of those educational
26services must be allocated based on the requirements of the

 

 

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1School Code.
2    (7) In no event shall a guilty minor be committed to the
3Department of Juvenile Justice for a period of time in excess
4of that period for which an adult could be committed for the
5same act.
6    (8) A minor found to be guilty for reasons that include a
7violation of Section 21-1.3 of the Criminal Code of 1961 or the
8Criminal Code of 2012 shall be ordered to perform community
9service for not less than 30 and not more than 120 hours, if
10community service is available in the jurisdiction. The
11community service shall include, but need not be limited to,
12the cleanup and repair of the damage that was caused by the
13violation or similar damage to property located in the
14municipality or county in which the violation occurred. The
15order may be in addition to any other order authorized by this
16Section.
17    (8.5) A minor found to be guilty for reasons that include a
18violation of Section 3.02 or Section 3.03 of the Humane Care
19for Animals Act or paragraph (d) of subsection (1) of Section
2021-1 of the Criminal Code of 1961 or paragraph (4) of
21subsection (a) of Section 21-1 of the Criminal Code of 2012
22shall be ordered to undergo medical or psychiatric treatment
23rendered by a psychiatrist or psychological treatment rendered
24by a clinical psychologist. The order may be in addition to any
25other order authorized by this Section.
26    (9) In addition to any other sentencing order, the court

 

 

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1shall order any minor found to be guilty for an act which would
2constitute, predatory criminal sexual assault of a child,
3aggravated criminal sexual assault, criminal sexual assault,
4aggravated criminal sexual abuse, or criminal sexual abuse if
5committed by an adult to undergo medical testing to determine
6whether the defendant has any sexually transmissible disease
7including a test for infection with human immunodeficiency
8virus (HIV) or any other identified causative agency of
9acquired immunodeficiency syndrome (AIDS). Any medical test
10shall be performed only by appropriately licensed medical
11practitioners and may include an analysis of any bodily fluids
12as well as an examination of the minor's person. Except as
13otherwise provided by law, the results of the test shall be
14kept strictly confidential by all medical personnel involved in
15the testing and must be personally delivered in a sealed
16envelope to the judge of the court in which the sentencing
17order was entered for the judge's inspection in camera. Acting
18in accordance with the best interests of the victim and the
19public, the judge shall have the discretion to determine to
20whom the results of the testing may be revealed. The court
21shall notify the minor of the results of the test for infection
22with the human immunodeficiency virus (HIV). The court shall
23also notify the victim if requested by the victim, and if the
24victim is under the age of 15 and if requested by the victim's
25parents or legal guardian, the court shall notify the victim's
26parents or the legal guardian, of the results of the test for

 

 

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1infection with the human immunodeficiency virus (HIV). The
2court shall provide information on the availability of HIV
3testing and counseling at the Department of Public Health
4facilities to all parties to whom the results of the testing
5are revealed. The court shall order that the cost of any test
6shall be paid by the county and may be taxed as costs against
7the minor.
8    (10) When a court finds a minor to be guilty the court
9shall, before entering a sentencing order under this Section,
10make a finding whether the offense committed either: (a) was
11related to or in furtherance of the criminal activities of an
12organized gang or was motivated by the minor's membership in or
13allegiance to an organized gang, or (b) involved a violation of
14subsection (a) of Section 12-7.1 of the Criminal Code of 1961
15or the Criminal Code of 2012, a violation of any Section of
16Article 24 of the Criminal Code of 1961 or the Criminal Code of
172012, or a violation of any statute that involved the wrongful
18use of a firearm. If the court determines the question in the
19affirmative, and the court does not commit the minor to the
20Department of Juvenile Justice, the court shall order the minor
21to perform community service for not less than 30 hours nor
22more than 120 hours, provided that community service is
23available in the jurisdiction and is funded and approved by the
24county board of the county where the offense was committed. The
25community service shall include, but need not be limited to,
26the cleanup and repair of any damage caused by a violation of

 

 

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1Section 21-1.3 of the Criminal Code of 1961 or the Criminal
2Code of 2012 and similar damage to property located in the
3municipality or county in which the violation occurred. When
4possible and reasonable, the community service shall be
5performed in the minor's neighborhood. This order shall be in
6addition to any other order authorized by this Section except
7for an order to place the minor in the custody of the
8Department of Juvenile Justice. For the purposes of this
9Section, "organized gang" has the meaning ascribed to it in
10Section 10 of the Illinois Streetgang Terrorism Omnibus
11Prevention Act.
12    (11) If the court determines that the offense was committed
13in furtherance of the criminal activities of an organized gang,
14as provided in subsection (10), and that the offense involved
15the operation or use of a motor vehicle or the use of a
16driver's license or permit, the court shall notify the
17Secretary of State of that determination and of the period for
18which the minor shall be denied driving privileges. If, at the
19time of the determination, the minor does not hold a driver's
20license or permit, the court shall provide that the minor shall
21not be issued a driver's license or permit until his or her
2218th birthday. If the minor holds a driver's license or permit
23at the time of the determination, the court shall provide that
24the minor's driver's license or permit shall be revoked until
25his or her 21st birthday, or until a later date or occurrence
26determined by the court. If the minor holds a driver's license

 

 

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1at the time of the determination, the court may direct the
2Secretary of State to issue the minor a judicial driving
3permit, also known as a JDP. The JDP shall be subject to the
4same terms as a JDP issued under Section 6-206.1 of the
5Illinois Vehicle Code, except that the court may direct that
6the JDP be effective immediately.
7    (12) If a minor is found to be guilty of a violation of
8subsection (a-7) of Section 1 of the Prevention of Tobacco Use
9by Minors Act, the court may, in its discretion, and upon
10recommendation by the State's Attorney, order that minor and
11his or her parents or legal guardian to attend a smoker's
12education or youth diversion program as defined in that Act if
13that program is available in the jurisdiction where the
14offender resides. Attendance at a smoker's education or youth
15diversion program shall be time-credited against any community
16service time imposed for any first violation of subsection
17(a-7) of Section 1 of that Act. In addition to any other
18penalty that the court may impose for a violation of subsection
19(a-7) of Section 1 of that Act, the court, upon request by the
20State's Attorney, may in its discretion require the offender to
21remit a fee for his or her attendance at a smoker's education
22or youth diversion program.
23    For purposes of this Section, "smoker's education program"
24or "youth diversion program" includes, but is not limited to, a
25seminar designed to educate a person on the physical and
26psychological effects of smoking tobacco products and the

 

 

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1health consequences of smoking tobacco products that can be
2conducted with a locality's youth diversion program.
3    In addition to any other penalty that the court may impose
4under this subsection (12):
5        (a) If a minor violates subsection (a-7) of Section 1
6    of the Prevention of Tobacco Use by Minors Act, the court
7    may impose a sentence of 15 hours of community service or a
8    fine of $25 for a first violation.
9        (b) A second violation by a minor of subsection (a-7)
10    of Section 1 of that Act that occurs within 12 months after
11    the first violation is punishable by a fine of $50 and 25
12    hours of community service.
13        (c) A third or subsequent violation by a minor of
14    subsection (a-7) of Section 1 of that Act that occurs
15    within 12 months after the first violation is punishable by
16    a $100 fine and 30 hours of community service.
17        (d) Any second or subsequent violation not within the
18    12-month time period after the first violation is
19    punishable as provided for a first violation.
20(Source: P.A. 96-179, eff. 8-10-09; 96-293, eff. 1-1-10;
2196-1000, eff. 7-2-10; 97-1150, eff. 1-25-13.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.