Illinois General Assembly - Full Text of HB1849
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Full Text of HB1849  102nd General Assembly

HB1849 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1849

 

Introduced 2/17/2021, by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-715
705 ILCS 405/5-750

    Amends the Juvenile Court Act of 1987. Provides that if a minor has previously been placed on probation for an offense that involves the use or possession of a firearm, the court may not place the minor on probation for any subsequent offense involving the use or possession of a firearm. Provides that a minor convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury shall be referred to social service programs through Juvenile Probation for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the minor shall be committed to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services including, but not limited to, education, mental health, drug treatment, and mentoring.


LRB102 04274 RLC 21117 b

 

 

A BILL FOR

 

HB1849LRB102 04274 RLC 21117 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 5-715 and 5-750 as follows:
 
6    (705 ILCS 405/5-715)
7    Sec. 5-715. Probation.
8    (1) The period of probation or conditional discharge shall
9not exceed 5 years or until the minor has attained the age of
1021 years, whichever is less, except as provided in this
11Section for a minor who is found to be guilty for an offense
12which is first degree murder. The juvenile court may terminate
13probation or conditional discharge and discharge the minor at
14any time if warranted by the conduct of the minor and the ends
15of justice; provided, however, that the period of probation
16for a minor who is found to be guilty for an offense which is
17first degree murder shall be at least 5 years.
18    (1.5) The period of probation for a minor who is found
19guilty of aggravated criminal sexual assault, criminal sexual
20assault, or aggravated battery with a firearm shall be at
21least 36 months. The period of probation for a minor who is
22found to be guilty of any other Class X felony shall be at
23least 24 months. The period of probation for a Class 1 or Class

 

 

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12 forcible felony shall be at least 18 months. Regardless of
2the length of probation ordered by the court, for all offenses
3under this paragraph (1.5), the court shall schedule hearings
4to determine whether it is in the best interest of the minor
5and public safety to terminate probation after the minimum
6period of probation has been served. In such a hearing, there
7shall be a rebuttable presumption that it is in the best
8interest of the minor and public safety to terminate
9probation.
10    (2) The court may as a condition of probation or of
11conditional discharge require that the minor:
12        (a) not violate any criminal statute of any
13    jurisdiction;
14        (b) make a report to and appear in person before any
15    person or agency as directed by the court;
16        (c) work or pursue a course of study or vocational
17    training;
18        (d) undergo medical or psychiatric treatment, rendered
19    by a psychiatrist or psychological treatment rendered by a
20    clinical psychologist or social work services rendered by
21    a clinical social worker, or treatment for drug addiction
22    or alcoholism;
23        (e) attend or reside in a facility established for the
24    instruction or residence of persons on probation;
25        (f) support his or her dependents, if any;
26        (g) refrain from possessing a firearm or other

 

 

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1    dangerous weapon, or an automobile;
2        (h) permit the probation officer to visit him or her
3    at his or her home or elsewhere;
4        (i) reside with his or her parents or in a foster home;
5        (j) attend school;
6        (j-5) with the consent of the superintendent of the
7    facility, attend an educational program at a facility
8    other than the school in which the offense was committed
9    if he or she committed a crime of violence as defined in
10    Section 2 of the Crime Victims Compensation Act in a
11    school, on the real property comprising a school, or
12    within 1,000 feet of the real property comprising a
13    school;
14        (k) attend a non-residential program for youth;
15        (l) make restitution under the terms of subsection (4)
16    of Section 5-710;
17        (m) contribute to his or her own support at home or in
18    a foster home;
19        (n) perform some reasonable public or community
20    service;
21        (o) participate with community corrections programs
22    including unified delinquency intervention services
23    administered by the Department of Human Services subject
24    to Section 5 of the Children and Family Services Act;
25        (p) pay costs;
26        (q) serve a term of home confinement. In addition to

 

 

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1    any other applicable condition of probation or conditional
2    discharge, the conditions of home confinement shall be
3    that the minor:
4            (i) remain within the interior premises of the
5        place designated for his or her confinement during the
6        hours designated by the court;
7            (ii) admit any person or agent designated by the
8        court into the minor's place of confinement at any
9        time for purposes of verifying the minor's compliance
10        with the conditions of his or her confinement; and
11            (iii) use an approved electronic monitoring device
12        if ordered by the court subject to Article 8A of
13        Chapter V of the Unified Code of Corrections;
14        (r) refrain from entering into a designated geographic
15    area except upon terms as the court finds appropriate. The
16    terms may include consideration of the purpose of the
17    entry, the time of day, other persons accompanying the
18    minor, and advance approval by a probation officer, if the
19    minor has been placed on probation, or advance approval by
20    the court, if the minor has been placed on conditional
21    discharge;
22        (s) refrain from having any contact, directly or
23    indirectly, with certain specified persons or particular
24    types of persons, including but not limited to members of
25    street gangs and drug users or dealers;
26        (s-5) undergo a medical or other procedure to have a

 

 

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1    tattoo symbolizing allegiance to a street gang removed
2    from his or her body;
3        (t) refrain from having in his or her body the
4    presence of any illicit drug prohibited by the Cannabis
5    Control Act, the Illinois Controlled Substances Act, or
6    the Methamphetamine Control and Community Protection Act,
7    unless prescribed by a physician, and shall submit samples
8    of his or her blood or urine or both for tests to determine
9    the presence of any illicit drug; or
10        (u) comply with other conditions as may be ordered by
11    the court.
12    (3) The court may as a condition of probation or of
13conditional discharge require that a minor found guilty on any
14alcohol, cannabis, methamphetamine, or controlled substance
15violation, refrain from acquiring a driver's license during
16the period of probation or conditional discharge. If the minor
17is in possession of a permit or license, the court may require
18that the minor refrain from driving or operating any motor
19vehicle during the period of probation or conditional
20discharge, except as may be necessary in the course of the
21minor's lawful employment.
22    (3.5) The court shall, as a condition of probation or of
23conditional discharge, require that a minor found to be guilty
24and placed on probation for reasons that include a violation
25of Section 3.02 or Section 3.03 of the Humane Care for Animals
26Act or paragraph (4) of subsection (a) of Section 21-1 of the

 

 

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1Criminal Code of 2012 undergo medical or psychiatric treatment
2rendered by a psychiatrist or psychological treatment rendered
3by a clinical psychologist. The condition may be in addition
4to any other condition.
5    (3.10) The court shall order that a minor placed on
6probation or conditional discharge for a sex offense as
7defined in the Sex Offender Management Board Act undergo and
8successfully complete sex offender treatment. The treatment
9shall be in conformance with the standards developed under the
10Sex Offender Management Board Act and conducted by a treatment
11provider approved by the Board. The treatment shall be at the
12expense of the person evaluated based upon that person's
13ability to pay for the treatment.
14    (4) A minor on probation or conditional discharge shall be
15given a certificate setting forth the conditions upon which he
16or she is being released.
17    (5) The court shall impose upon a minor placed on
18probation or conditional discharge, as a condition of the
19probation or conditional discharge, a fee of $50 for each
20month of probation or conditional discharge supervision
21ordered by the court, unless after determining the inability
22of the minor placed on probation or conditional discharge to
23pay the fee, the court assesses a lesser amount. The court may
24not impose the fee on a minor who is placed in the guardianship
25or custody of the Department of Children and Family Services
26under this Act while the minor is in placement. The fee shall

 

 

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1be imposed only upon a minor who is actively supervised by the
2probation and court services department. The court may order
3the parent, guardian, or legal custodian of the minor to pay
4some or all of the fee on the minor's behalf.
5    (5.5) Jurisdiction over an offender may be transferred
6from the sentencing court to the court of another circuit with
7the concurrence of both courts. Further transfers or
8retransfers of jurisdiction are also authorized in the same
9manner. The court to which jurisdiction has been transferred
10shall have the same powers as the sentencing court. The
11probation department within the circuit to which jurisdiction
12has been transferred, or which has agreed to provide
13supervision, may impose probation fees upon receiving the
14transferred offender, as provided in subsection (i) of Section
155-6-3 of the Unified Code of Corrections. For all transfer
16cases, as defined in Section 9b of the Probation and Probation
17Officers Act, the probation department from the original
18sentencing court shall retain all probation fees collected
19prior to the transfer. After the transfer, all probation fees
20shall be paid to the probation department within the circuit
21to which jurisdiction has been transferred.
22    If the transfer case originated in another state and has
23been transferred under the Interstate Compact for Juveniles to
24the jurisdiction of an Illinois circuit court for supervision
25by an Illinois probation department, probation fees may be
26imposed only if permitted by the Interstate Commission for

 

 

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1Juveniles.
2    (6) The General Assembly finds that in order to protect
3the public, the juvenile justice system must compel compliance
4with the conditions of probation by responding to violations
5with swift, certain, and fair punishments and intermediate
6sanctions. The Chief Judge of each circuit shall adopt a
7system of structured, intermediate sanctions for violations of
8the terms and conditions of a sentence of supervision,
9probation or conditional discharge, under this Act.
10    The court shall provide as a condition of a disposition of
11probation, conditional discharge, or supervision, that the
12probation agency may invoke any sanction from the list of
13intermediate sanctions adopted by the chief judge of the
14circuit court for violations of the terms and conditions of
15the sentence of probation, conditional discharge, or
16supervision, subject to the provisions of Section 5-720 of
17this Act.
18    (7) If a minor has previously been placed on probation for
19an offense that involves the use or possession of a firearm,
20the court may not place the minor on probation for any
21subsequent offense involving the use or possession of a
22firearm. A minor convicted of a subsequent offense involving
23the possession or discharge of a firearm not causing any
24injury shall be referred to social service programs through
25Juvenile Probation for no less than 3 months. If the minor does
26not complete the referral recommendations, the minor shall be

 

 

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1committed to the Department of Juvenile Justice to complete
2the recommended services.
3(Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
 
4    (705 ILCS 405/5-750)
5    Sec. 5-750. Commitment to the Department of Juvenile
6Justice.
7    (1) Except as provided in subsection (2) of this Section,
8when any delinquent has been adjudged a ward of the court under
9this Act, the court may commit him or her to the Department of
10Juvenile Justice, if it finds that (a) his or her parents,
11guardian or legal custodian are unfit or are unable, for some
12reason other than financial circumstances alone, to care for,
13protect, train or discipline the minor, or are unwilling to do
14so, and the best interests of the minor and the public will not
15be served by placement under Section 5-740, or it is necessary
16to ensure the protection of the public from the consequences
17of criminal activity of the delinquent; and (b) commitment to
18the Department of Juvenile Justice is the least restrictive
19alternative based on evidence that efforts were made to locate
20less restrictive alternatives to secure confinement and the
21reasons why efforts were unsuccessful in locating a less
22restrictive alternative to secure confinement. Before the
23court commits a minor to the Department of Juvenile Justice,
24it shall make a finding that secure confinement is necessary,
25following a review of the following individualized factors:

 

 

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1        (A) Age of the minor.
2        (B) Criminal background of the minor.
3        (C) Review of results of any assessments of the minor,
4    including child centered assessments such as the CANS.
5        (D) Educational background of the minor, indicating
6    whether the minor has ever been assessed for a learning
7    disability, and if so what services were provided as well
8    as any disciplinary incidents at school.
9        (E) Physical, mental and emotional health of the
10    minor, indicating whether the minor has ever been
11    diagnosed with a health issue and if so what services were
12    provided and whether the minor was compliant with
13    services.
14        (F) Community based services that have been provided
15    to the minor, and whether the minor was compliant with the
16    services, and the reason the services were unsuccessful.
17        (G) Services within the Department of Juvenile Justice
18    that will meet the individualized needs of the minor.
19    (1.5) Before the court commits a minor to the Department
20of Juvenile Justice, the court must find reasonable efforts
21have been made to prevent or eliminate the need for the minor
22to be removed from the home, or reasonable efforts cannot, at
23this time, for good cause, prevent or eliminate the need for
24removal, and removal from home is in the best interests of the
25minor, the minor's family, and the public.
26    (2) When a minor of the age of at least 13 years is

 

 

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1adjudged delinquent for the offense of first degree murder,
2the court shall declare the minor a ward of the court and order
3the minor committed to the Department of Juvenile Justice
4until the minor's 21st birthday, without the possibility of
5aftercare release, furlough, or non-emergency authorized
6absence for a period of 5 years from the date the minor was
7committed to the Department of Juvenile Justice, except that
8the time that a minor spent in custody for the instant offense
9before being committed to the Department of Juvenile Justice
10shall be considered as time credited towards that 5 year
11period. Upon release from a Department facility, a minor
12adjudged delinquent for first degree murder shall be placed on
13aftercare release until the age of 21, unless sooner
14discharged from aftercare release or custodianship is
15otherwise terminated in accordance with this Act or as
16otherwise provided for by law. Nothing in this subsection (2)
17shall preclude the State's Attorney from seeking to prosecute
18a minor as an adult as an alternative to proceeding under this
19Act.
20    (2.5) A minor convicted of a subsequent offense involving
21the use or possession of a firearm causing serious injury,
22great bodily harm, or death shall be confined to the
23Department of Juvenile Justice with the Department providing
24services including, but not limited to, education, mental
25health, drug treatment, and mentoring.
26    (3) Except as provided in subsections subsection (2) and

 

 

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1(2.5), the commitment of a delinquent to the Department of
2Juvenile Justice shall be for an indeterminate term which
3shall automatically terminate upon the delinquent attaining
4the age of 21 years or upon completion of that period for which
5an adult could be committed for the same act, whichever occurs
6sooner, unless the delinquent is sooner discharged from
7aftercare release or custodianship is otherwise terminated in
8accordance with this Act or as otherwise provided for by law.
9    (3.5) Every delinquent minor committed to the Department
10of Juvenile Justice under this Act shall be eligible for
11aftercare release without regard to the length of time the
12minor has been confined or whether the minor has served any
13minimum term imposed. Aftercare release shall be administered
14by the Department of Juvenile Justice, under the direction of
15the Director. Unless sooner discharged, the Department of
16Juvenile Justice shall discharge a minor from aftercare
17release upon completion of the following aftercare release
18terms:
19        (a) One and a half years from the date a minor is
20    released from a Department facility, if the minor was
21    committed for a Class X felony;
22        (b) One year from the date a minor is released from a
23    Department facility, if the minor was committed for a
24    Class 1 or 2 felony; and
25        (c) Six months from the date a minor is released from a
26    Department facility, if the minor was committed for a

 

 

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1    Class 3 felony or lesser offense.
2    (4) When the court commits a minor to the Department of
3Juvenile Justice, it shall order him or her conveyed forthwith
4to the appropriate reception station or other place designated
5by the Department of Juvenile Justice, and shall appoint the
6Director of Juvenile Justice legal custodian of the minor. The
7clerk of the court shall issue to the Director of Juvenile
8Justice a certified copy of the order, which constitutes proof
9of the Director's authority. No other process need issue to
10warrant the keeping of the minor.
11    (5) If a minor is committed to the Department of Juvenile
12Justice, the clerk of the court shall forward to the
13Department:
14        (a) the sentencing order and copies of committing
15    petition;
16        (b) all reports;
17        (c) the court's statement of the basis for ordering
18    the disposition;
19        (d) any sex offender evaluations;
20        (e) any risk assessment or substance abuse treatment
21    eligibility screening and assessment of the minor by an
22    agent designated by the State to provide assessment
23    services for the courts;
24        (f) the number of days, if any, which the minor has
25    been in custody and for which he or she is entitled to
26    credit against the sentence, which information shall be

 

 

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1    provided to the clerk by the sheriff;
2        (g) any medical or mental health records or summaries
3    of the minor;
4        (h) the municipality where the arrest of the minor
5    occurred, the commission of the offense occurred, and the
6    minor resided at the time of commission;
7        (h-5) a report detailing the minor's criminal history
8    in a manner and form prescribed by the Department of
9    Juvenile Justice; and
10        (i) all additional matters which the court directs the
11    clerk to transmit.
12    (6) Whenever the Department of Juvenile Justice lawfully
13discharges from its custody and control a minor committed to
14it, the Director of Juvenile Justice shall petition the court
15for an order terminating his or her custodianship. The
16custodianship shall terminate automatically 30 days after
17receipt of the petition unless the court orders otherwise.
18    (7) If, while on aftercare release, a minor committed to
19the Department of Juvenile Justice who resides in this State
20is charged under the criminal laws of this State, the criminal
21laws of any other state, or federal law with an offense that
22could result in a sentence of imprisonment within the
23Department of Corrections, the penal system of any state, or
24the federal Bureau of Prisons, the commitment to the
25Department of Juvenile Justice and all rights and duties
26created by that commitment are automatically suspended pending

 

 

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1final disposition of the criminal charge. If the minor is
2found guilty of the criminal charge and sentenced to a term of
3imprisonment in the penitentiary system of the Department of
4Corrections, the penal system of any state, or the federal
5Bureau of Prisons, the commitment to the Department of
6Juvenile Justice shall be automatically terminated. If the
7criminal charge is dismissed, the minor is found not guilty,
8or the minor completes a criminal sentence other than
9imprisonment within the Department of Corrections, the penal
10system of any state, or the federal Bureau of Prisons, the
11previously imposed commitment to the Department of Juvenile
12Justice and the full aftercare release term shall be
13automatically reinstated unless custodianship is sooner
14terminated. Nothing in this subsection (7) shall preclude the
15court from ordering another sentence under Section 5-710 of
16this Act or from terminating the Department's custodianship
17while the commitment to the Department is suspended.
18(Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20.)