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Full Text of SB0065  102nd General Assembly

SB0065 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0065

 

Introduced 1/29/2021, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/17a-9  from Ch. 23, par. 5017a-9
705 ILCS 405/5-410
705 ILCS 405/5-710
705 ILCS 405/5-720

    Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that it is the goal of the Act to ensure that detention is the last resort and for as short a time as possible. Provides that on and after July 1, 2021, any minor 13 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that (i) secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community or to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last 12 months, may be kept or detained in an authorized detention facility. Provides that a minor must be at least 13 (rather than 10) years of age to be placed in detention. Effective immediately.


LRB102 02822 RLC 12830 b

 

 

A BILL FOR

 

SB0065LRB102 02822 RLC 12830 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 Children and Family Services Act is amended
5by changing Section 17a-9 as follows:
 
6    (20 ILCS 505/17a-9)  (from Ch. 23, par. 5017a-9)
7    Sec. 17a-9. Illinois Juvenile Justice Commission.
8    (a) There is hereby created the Illinois Juvenile Justice
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights,
20powers and duties established in subparagraph (3) of paragraph
21(a) of Section 223 of the Federal "Juvenile Justice and
22Delinquency Prevention Act of 1974", as now or hereafter
23amended. The Commission shall determine the priorities for

 

 

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1expenditure of funds made available to the State by the
2Federal Government pursuant to that Act. The Commission shall
3have the following powers and duties:
4        (1) Development, review and final approval of the
5    State's juvenile justice plan for funds under the Federal
6    "Juvenile Justice and Delinquency Prevention Act of 1974";
7        (2) Review and approve or disapprove juvenile justice
8    and delinquency prevention grant applications to the
9    Department for federal funds under that Act;
10        (3) Annual submission of recommendations to the
11    Governor and the General Assembly concerning matters
12    relative to its function;
13        (4) Responsibility for the review of funds allocated
14    to Illinois under the "Juvenile Justice and Delinquency
15    Prevention Act of 1974" to ensure compliance with all
16    relevant federal laws and regulations;
17        (5) Function as the advisory committee for the State
18    Youth and Community Services Program as authorized under
19    Section 17 of this Act, and in that capacity be authorized
20    and empowered to assist and advise the Secretary of Human
21    Services on matters related to juvenile justice and
22    delinquency prevention programs and services; and
23        (5.5) Study and make recommendations to the General
24    Assembly regarding the availability of youth services to
25    reduce the use of detention and prevent deeper criminal
26    involvement; and

 

 

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1        (6) Study the impact of, develop timelines, and
2    propose a funding structure to accommodate the expansion
3    of the jurisdiction of the Illinois Juvenile Court to
4    include youth age 17 under the jurisdiction of the
5    Juvenile Court Act of 1987. The Commission shall submit a
6    report by December 31, 2011 to the General Assembly with
7    recommendations on extending juvenile court jurisdiction
8    to youth age 17 charged with felony offenses.
9    (b) On the effective date of this amendatory Act of the
1096th General Assembly, the Illinois Juvenile Jurisdiction Task
11Force created by Public Act 95-1031 is abolished and its
12duties are transferred to the Illinois Juvenile Justice
13Commission as provided in paragraph (6) of subsection (a) of
14this Section.
15(Source: P.A. 96-1199, eff. 1-1-11.)
 
16    Section 10. The Juvenile Court Act of 1987 is amended by
17changing Sections 5-410, 5-710, and 5-720 as follows:
 
18    (705 ILCS 405/5-410)
19    Sec. 5-410. Non-secure custody or detention.
20    (1) Placement of a minor away from his or her home must be
21the last resort and be the least restrictive alternative
22available. Any minor arrested or taken into custody pursuant
23to this Act who requires care away from his or her home but who
24does not require physical restriction shall be given temporary

 

 

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1care in a foster family home or other shelter facility
2designated by the court.
3    (2) (a) Prior to July 1, 2021, any Any minor 10 years of
4age or older arrested pursuant to this Act where there is
5probable cause to believe that the minor is a delinquent minor
6and that (i) secure custody is a matter of immediate and urgent
7necessity for the protection of the minor or of the person or
8property of another, (ii) the minor is likely to flee the
9jurisdiction of the court, or (iii) the minor was taken into
10custody under a warrant, may be kept or detained in an
11authorized detention facility. Prior to July 1, 2021, a A
12minor under 13 years of age shall not be admitted, kept, or
13detained in a detention facility unless a local youth service
14provider, including a provider through the Comprehensive
15Community Based Youth Services network, has been contacted and
16has not been able to accept the minor for services. No minor
17under 12 years of age shall be detained in a county jail or a
18municipal lockup for more than 6 hours. The provisions of
19paragraph (a) of this subsection (2), other than this
20sentence, are inoperative on and after July 1, 2021.
21    (a-5) For a minor arrested or taken into custody for
22vehicular hijacking or aggravated vehicular hijacking, a
23previous finding of delinquency for vehicular hijacking or
24aggravated vehicular hijacking shall be given greater weight
25in determining whether secured custody of a minor is a matter
26of immediate and urgent necessity for the protection of the

 

 

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1minor or of the person or property of another.
2    (a-10) It is the goal of this Act to ensure that detention
3is the last resort and for as short a time as possible. On and
4after July 1, 2021, any minor 13 years of age or older arrested
5under this Act where there is probable cause to believe that
6the minor is a delinquent minor and that (i) secure custody is
7a matter of immediate and urgent necessity in light of a
8serious threat to the physical safety of a person or persons in
9the community or to secure the presence of the minor at the
10next hearing, as evidenced by a demonstrable record of willful
11failure to appear at a scheduled court hearing within the last
1212 months, may be kept or detained in an authorized detention
13facility.
14    (b) The written authorization of the probation officer or
15detention officer (or other public officer designated by the
16court in a county having 3,000,000 or more inhabitants)
17constitutes authority for the superintendent of any juvenile
18detention home to detain and keep a minor for up to 40 hours,
19excluding Saturdays, Sundays, and court-designated holidays.
20These records shall be available to the same persons and
21pursuant to the same conditions as are law enforcement records
22as provided in Section 5-905.
23    (b-4) The consultation required by paragraph (b-5) shall
24not be applicable if the probation officer or detention
25officer (or other public officer designated by the court in a
26county having 3,000,000 or more inhabitants) utilizes a

 

 

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1scorable detention screening instrument, which has been
2developed with input by the State's Attorney, to determine
3whether a minor should be detained, however, paragraph (b-5)
4shall still be applicable where no such screening instrument
5is used or where the probation officer, detention officer (or
6other public officer designated by the court in a county
7having 3,000,000 or more inhabitants) deviates from the
8screening instrument.
9    (b-5) Subject to the provisions of paragraph (b-4), if a
10probation officer or detention officer (or other public
11officer designated by the court in a county having 3,000,000
12or more inhabitants) does not intend to detain a minor for an
13offense which constitutes one of the following offenses he or
14she shall consult with the State's Attorney's Office prior to
15the release of the minor: first degree murder, second degree
16murder, involuntary manslaughter, criminal sexual assault,
17aggravated criminal sexual assault, aggravated battery with a
18firearm as described in Section 12-4.2 or subdivision (e)(1),
19(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
20heinous battery involving permanent disability or
21disfigurement or great bodily harm, robbery, aggravated
22robbery, armed robbery, vehicular hijacking, aggravated
23vehicular hijacking, vehicular invasion, arson, aggravated
24arson, kidnapping, aggravated kidnapping, home invasion,
25burglary, or residential burglary.
26    (c) Except as otherwise provided in paragraph (a), (d), or

 

 

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1(e), no minor shall be detained in a county jail or municipal
2lockup for more than 12 hours, unless the offense is a crime of
3violence in which case the minor may be detained up to 24
4hours. For the purpose of this paragraph, "crime of violence"
5has the meaning ascribed to it in Section 1-10 of the
6Alcoholism and Other Drug Abuse and Dependency Act.
7        (i) The period of detention is deemed to have begun
8    once the minor has been placed in a locked room or cell or
9    handcuffed to a stationary object in a building housing a
10    county jail or municipal lockup. Time spent transporting a
11    minor is not considered to be time in detention or secure
12    custody.
13        (ii) Any minor so confined shall be under periodic
14    supervision and shall not be permitted to come into or
15    remain in contact with adults in custody in the building.
16        (iii) Upon placement in secure custody in a jail or
17    lockup, the minor shall be informed of the purpose of the
18    detention, the time it is expected to last and the fact
19    that it cannot exceed the time specified under this Act.
20        (iv) A log shall be kept which shows the offense which
21    is the basis for the detention, the reasons and
22    circumstances for the decision to detain, and the length
23    of time the minor was in detention.
24        (v) Violation of the time limit on detention in a
25    county jail or municipal lockup shall not, in and of
26    itself, render inadmissible evidence obtained as a result

 

 

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1    of the violation of this time limit. Minors under 18 years
2    of age shall be kept separate from confined adults and may
3    not at any time be kept in the same cell, room, or yard
4    with adults confined pursuant to criminal law. Persons 18
5    years of age and older who have a petition of delinquency
6    filed against them may be confined in an adult detention
7    facility. In making a determination whether to confine a
8    person 18 years of age or older who has a petition of
9    delinquency filed against the person, these factors, among
10    other matters, shall be considered:
11            (A) the age of the person;
12            (B) any previous delinquent or criminal history of
13        the person;
14            (C) any previous abuse or neglect history of the
15        person; and
16            (D) any mental health or educational history of
17        the person, or both.
18    (d) (i) If prior to July 1, 2021 a minor 12 years of age or
19older or on and after July 1, 2021 a minor 13 years of age or
20older is confined in a county jail in a county with a
21population below 3,000,000 inhabitants, then the minor's
22confinement shall be implemented in such a manner that there
23will be no contact by sight, sound, or otherwise between the
24minor and adult prisoners. The minor Minors 12 years of age or
25older must be kept separate from confined adults and may not at
26any time be kept in the same cell, room, or yard with confined

 

 

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1adults. This paragraph (d)(i) shall only apply to confinement
2pending an adjudicatory hearing and shall not exceed 40 hours,
3excluding Saturdays, Sundays, and court-designated holidays.
4To accept or hold minors during this time period, county jails
5shall comply with all monitoring standards adopted by the
6Department of Corrections and training standards approved by
7the Illinois Law Enforcement Training Standards Board.
8    (ii) To accept or hold minors, 12 years of age or older,
9after the time period prescribed in paragraph (d)(i) of this
10subsection (2) of this Section but not exceeding 7 days
11including Saturdays, Sundays, and holidays pending an
12adjudicatory hearing, county jails shall comply with all
13temporary detention standards adopted by the Department of
14Corrections and training standards approved by the Illinois
15Law Enforcement Training Standards Board.
16    (iii) To accept or hold minors 12 years of age or older,
17after the time period prescribed in paragraphs (d)(i) and
18(d)(ii) of this subsection (2) of this Section, county jails
19shall comply with all county juvenile detention standards
20adopted by the Department of Juvenile Justice.
21    (e) When a minor who is at least 15 years of age is
22prosecuted under the criminal laws of this State, the court
23may enter an order directing that the juvenile be confined in
24the county jail. However, any juvenile confined in the county
25jail under this provision shall be separated from adults who
26are confined in the county jail in such a manner that there

 

 

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1will be no contact by sight, sound or otherwise between the
2juvenile and adult prisoners.
3    (f) For purposes of appearing in a physical lineup, the
4minor may be taken to a county jail or municipal lockup under
5the direct and constant supervision of a juvenile police
6officer. During such time as is necessary to conduct a lineup,
7and while supervised by a juvenile police officer, the sight
8and sound separation provisions shall not apply.
9    (g) For purposes of processing a minor, the minor may be
10taken to a county jail or municipal lockup under the direct and
11constant supervision of a law enforcement officer or
12correctional officer. During such time as is necessary to
13process the minor, and while supervised by a law enforcement
14officer or correctional officer, the sight and sound
15separation provisions shall not apply.
16    (3) If the probation officer or State's Attorney (or such
17other public officer designated by the court in a county
18having 3,000,000 or more inhabitants) determines that the
19minor may be a delinquent minor as described in subsection (3)
20of Section 5-105, and should be retained in custody but does
21not require physical restriction, the minor may be placed in
22non-secure custody for up to 40 hours pending a detention
23hearing.
24    (4) Any minor taken into temporary custody, not requiring
25secure detention, may, however, be detained in the home of his
26or her parent or guardian subject to such conditions as the

 

 

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1court may impose.
2    (5) The changes made to this Section by Public Act 98-61
3apply to a minor who has been arrested or taken into custody on
4or after January 1, 2014 (the effective date of Public Act
598-61).
6(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
7    (705 ILCS 405/5-710)
8    Sec. 5-710. Kinds of sentencing orders.
9    (1) The following kinds of sentencing orders may be made
10in respect of wards of the court:
11        (a) Except as provided in Sections 5-805, 5-810, and
12    5-815, a minor who is found guilty under Section 5-620 may
13    be:
14            (i) put on probation or conditional discharge and
15        released to his or her parents, guardian or legal
16        custodian, provided, however, that any such minor who
17        is not committed to the Department of Juvenile Justice
18        under this subsection and who is found to be a
19        delinquent for an offense which is first degree
20        murder, a Class X felony, or a forcible felony shall be
21        placed on probation;
22            (ii) placed in accordance with Section 5-740, with
23        or without also being put on probation or conditional
24        discharge;
25            (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) on and after January 1, 2015 (the effective
4        date of Public Act 98-803) this amendatory Act of the
5        98th General Assembly and before January 1, 2017,
6        placed in the guardianship of the Department of
7        Children and Family Services, but only if the
8        delinquent minor is under 16 years of age or, pursuant
9        to Article II of this Act, a minor under the age of 18
10        for whom an independent basis of abuse, neglect, or
11        dependency exists. On and after January 1, 2017,
12        placed in the guardianship of the Department of
13        Children and Family Services, but only if the
14        delinquent minor is under 15 years of age or, pursuant
15        to Article II of this Act, a minor for whom an
16        independent basis of abuse, neglect, or dependency
17        exists. An independent basis exists when the
18        allegations or adjudication of abuse, neglect, or
19        dependency do not arise from the same facts, incident,
20        or circumstances which give rise to a charge or
21        adjudication of delinquency;
22            (v) placed in detention for a period not to exceed
23        30 days, either as the exclusive order of disposition
24        or, where appropriate, in conjunction with any other
25        order of disposition issued under this paragraph,
26        provided that any such detention shall be in a

 

 

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1        juvenile detention home and the minor so detained
2        shall be 13 10 years of age or older. However, the
3        30-day limitation may be extended by further order of
4        the court for a minor under age 15 committed to the
5        Department of Children and Family Services if the
6        court finds that the minor is a danger to himself or
7        others. The minor shall be given credit on the
8        sentencing order of detention for time spent in
9        detention under Sections 5-501, 5-601, 5-710, or 5-720
10        of this Article as a result of the offense for which
11        the sentencing order was imposed. The court may grant
12        credit on a sentencing order of detention entered
13        under a violation of probation or violation of
14        conditional discharge under Section 5-720 of this
15        Article for time spent in detention before the filing
16        of the petition alleging the violation. A minor shall
17        not be deprived of credit for time spent in detention
18        before the filing of a violation of probation or
19        conditional discharge alleging the same or related act
20        or acts. The limitation that the minor shall only be
21        placed in a juvenile detention home does not apply as
22        follows:
23            Persons 18 years of age and older who have a
24        petition of delinquency filed against them may be
25        confined in an adult detention facility. In making a
26        determination whether to confine a person 18 years of

 

 

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1        age or older who has a petition of delinquency filed
2        against the person, these factors, among other
3        matters, shall be considered:
4                (A) the age of the person;
5                (B) any previous delinquent or criminal
6            history of the person;
7                (C) any previous abuse or neglect history of
8            the person;
9                (D) any mental health history of the person;
10            and
11                (E) any educational history of the person;
12            (vi) ordered partially or completely emancipated
13        in accordance with the provisions of the Emancipation
14        of Minors Act;
15            (vii) subject to having his or her driver's
16        license or driving privileges suspended for such time
17        as determined by the court but only until he or she
18        attains 18 years of age;
19            (viii) put on probation or conditional discharge
20        and placed in detention under Section 3-6039 of the
21        Counties Code for a period not to exceed the period of
22        incarceration permitted by law for adults found guilty
23        of the same offense or offenses for which the minor was
24        adjudicated delinquent, and in any event no longer
25        than upon attainment of age 21; this subdivision
26        (viii) notwithstanding any contrary provision of the

 

 

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1        law;
2            (ix) ordered to undergo a medical or other
3        procedure to have a tattoo symbolizing allegiance to a
4        street gang removed from his or her body; or
5            (x) placed in electronic monitoring or home
6        detention under Part 7A of this Article.
7        (b) A minor found to be guilty may be committed to the
8    Department of Juvenile Justice under Section 5-750 if the
9    minor is at least 13 years and under 20 years of age,
10    provided that the commitment to the Department of Juvenile
11    Justice shall be made only if the minor was found guilty of
12    a felony offense or first degree murder. The court shall
13    include in the sentencing order any pre-custody credits
14    the minor is entitled to under Section 5-4.5-100 of the
15    Unified Code of Corrections. 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 also be
18    considered as time spent in custody.
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
23    the court, the court may enter a disposition order
24    requiring the minor to undergo assessment, counseling or
25    treatment in a substance use disorder treatment program
26    approved by the Department of 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. The court shall include in the sentencing order a
19limitation on the period of confinement not to exceed the
20maximum period of imprisonment the court could impose under
21Chapter V 5 of the Unified Code of Corrections.
22    (7.5) In no event shall a guilty minor be committed to the
23Department of Juvenile Justice or placed in detention when the
24act for which the minor was adjudicated delinquent would not
25be illegal if committed by an adult.
26    (7.6) In no event shall a guilty minor be committed to the

 

 

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1Department of Juvenile Justice for an offense which is a Class
24 felony under Section 19-4 (criminal trespass to a
3residence), 21-1 (criminal damage to property), 21-1.01
4(criminal damage to government supported property), 21-1.3
5(criminal defacement of property), 26-1 (disorderly conduct),
6or 31-4 (obstructing justice) of the Criminal Code of 2012.
7    (7.75) In no event shall a guilty minor be committed to the
8Department of Juvenile Justice for an offense that is a Class 3
9or Class 4 felony violation of the Illinois Controlled
10Substances Act unless the commitment occurs upon a third or
11subsequent judicial finding of a violation of probation for
12substantial noncompliance with court-ordered treatment or
13programming.
14    (8) A minor found to be guilty for reasons that include a
15violation of Section 21-1.3 of the Criminal Code of 1961 or the
16Criminal Code of 2012 shall be ordered to perform community
17service for not less than 30 and not more than 120 hours, if
18community service is available in the jurisdiction. The
19community service shall include, but need not be limited to,
20the cleanup and repair of the damage that was caused by the
21violation or similar damage to property located in the
22municipality or county in which the violation occurred. The
23order may be in addition to any other order authorized by this
24Section.
25    (8.5) A minor found to be guilty for reasons that include a
26violation of Section 3.02 or Section 3.03 of the Humane Care

 

 

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1for Animals Act or paragraph (d) of subsection (1) of Section
221-1 of the Criminal Code of 1961 or paragraph (4) of
3subsection (a) of Section 21-1 of the Criminal Code of 2012
4shall be ordered to undergo medical or psychiatric treatment
5rendered by a psychiatrist or psychological treatment rendered
6by a clinical psychologist. The order may be in addition to any
7other order authorized by this Section.
8    (9) In addition to any other sentencing order, the court
9shall order any minor found to be guilty for an act which would
10constitute, predatory criminal sexual assault of a child,
11aggravated criminal sexual assault, criminal sexual assault,
12aggravated criminal sexual abuse, or criminal sexual abuse if
13committed by an adult to undergo medical testing to determine
14whether the defendant has any sexually transmissible disease
15including a test for infection with human immunodeficiency
16virus (HIV) or any other identified causative agency of
17acquired immunodeficiency syndrome (AIDS). Any medical test
18shall be performed only by appropriately licensed medical
19practitioners and may include an analysis of any bodily fluids
20as well as an examination of the minor's person. Except as
21otherwise provided by law, the results of the test shall be
22kept strictly confidential by all medical personnel involved
23in the testing and must be personally delivered in a sealed
24envelope to the judge of the court in which the sentencing
25order was entered for the judge's inspection in camera. Acting
26in accordance with the best interests of the victim and the

 

 

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1public, the judge shall have the discretion to determine to
2whom the results of the testing may be revealed. The court
3shall notify the minor of the results of the test for infection
4with the human immunodeficiency virus (HIV). The court shall
5also notify the victim if requested by the victim, and if the
6victim is under the age of 15 and if requested by the victim's
7parents or legal guardian, the court shall notify the victim's
8parents or the legal guardian, of the results of the test for
9infection with the human immunodeficiency virus (HIV). The
10court shall provide information on the availability of HIV
11testing and counseling at the Department of Public Health
12facilities to all parties to whom the results of the testing
13are revealed. The court shall order that the cost of any test
14shall be paid by the county and may be taxed as costs against
15the minor.
16    (10) When a court finds a minor to be guilty the court
17shall, before entering a sentencing order under this Section,
18make a finding whether the offense committed either: (a) was
19related to or in furtherance of the criminal activities of an
20organized gang or was motivated by the minor's membership in
21or allegiance to an organized gang, or (b) involved a
22violation of subsection (a) of Section 12-7.1 of the Criminal
23Code of 1961 or the Criminal Code of 2012, a violation of any
24Section of Article 24 of the Criminal Code of 1961 or the
25Criminal Code of 2012, or a violation of any statute that
26involved the wrongful use of a firearm. If the court

 

 

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1determines the question in the affirmative, and the court does
2not commit the minor to the Department of Juvenile Justice,
3the court shall order the minor to perform community service
4for not less than 30 hours nor more than 120 hours, provided
5that community service is available in the jurisdiction and is
6funded and approved by the county board of the county where the
7offense was committed. The community service shall include,
8but need not be limited to, the cleanup and repair of any
9damage caused by a violation of Section 21-1.3 of the Criminal
10Code of 1961 or the Criminal Code of 2012 and similar damage to
11property located in the municipality or county in which the
12violation occurred. When possible and reasonable, the
13community service shall be performed in the minor's
14neighborhood. This order shall be in addition to any other
15order authorized by this Section except for an order to place
16the minor in the custody of the Department of Juvenile
17Justice. For the purposes of this Section, "organized gang"
18has the meaning ascribed to it in Section 10 of the Illinois
19Streetgang Terrorism Omnibus Prevention Act.
20    (11) If the court determines that the offense was
21committed in furtherance of the criminal activities of an
22organized gang, as provided in subsection (10), and that the
23offense involved the operation or use of a motor vehicle or the
24use of a driver's license or permit, the court shall notify the
25Secretary of State of that determination and of the period for
26which the minor shall be denied driving privileges. If, at the

 

 

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1time of the determination, the minor does not hold a driver's
2license or permit, the court shall provide that the minor
3shall not be issued a driver's license or permit until his or
4her 18th birthday. If the minor holds a driver's license or
5permit at the time of the determination, the court shall
6provide that the minor's driver's license or permit shall be
7revoked until his or her 21st birthday, or until a later date
8or occurrence determined by the court. If the minor holds a
9driver's license at the time of the determination, the court
10may direct the Secretary of State to issue the minor a judicial
11driving permit, also known as a JDP. The JDP shall be subject
12to the same terms as a JDP issued under Section 6-206.1 of the
13Illinois Vehicle Code, except that the court may direct that
14the JDP be effective immediately.
15    (12) (Blank).
16(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
17100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff.
187-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
 
19    (705 ILCS 405/5-720)
20    Sec. 5-720. Probation revocation.
21    (1) If a petition is filed charging a violation of a
22condition of probation or of conditional discharge, the court
23shall:
24        (a) order the minor to appear; or
25        (b) order the minor's detention if the court finds

 

 

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1    that the detention is a matter of immediate and urgent
2    necessity for the protection of the minor or of the person
3    or property of another or that the minor is likely to flee
4    the jurisdiction of the court, provided that any such
5    detention shall be in a juvenile detention home and the
6    minor so detained shall be 13 10 years of age or older; and
7        (c) notify the persons named in the petition under
8    Section 5-520, in accordance with the provisions of
9    Section 5-530.
10    In making its detention determination under paragraph (b)
11of this subsection (1) of this Section, the court may use
12information in its findings offered at such a hearing by way of
13proffer based upon reliable information presented by the
14State, probation officer, or the minor. The filing of a
15petition for violation of a condition of probation or of
16conditional discharge shall toll the period of probation or of
17conditional discharge until the final determination of the
18charge, and the term of probation or conditional discharge
19shall not run until the hearing and disposition of the
20petition for violation.
21    (2) The court shall conduct a hearing of the alleged
22violation of probation or of conditional discharge. The minor
23shall not be held in detention longer than 15 days pending the
24determination of the alleged violation.
25    (3) At the hearing, the State shall have the burden of
26going forward with the evidence and proving the violation by a

 

 

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1preponderance of the evidence. The evidence shall be presented
2in court with the right of confrontation, cross-examination,
3and representation by counsel.
4    (4) If the court finds that the minor has violated a
5condition at any time prior to the expiration or termination
6of the period of probation or conditional discharge, it may
7continue him or her on the existing sentence, with or without
8modifying or enlarging the conditions, or may revoke probation
9or conditional discharge and impose any other sentence that
10was available under Section 5-710 at the time of the initial
11sentence.
12    (5) The conditions of probation and of conditional
13discharge may be reduced or enlarged by the court on motion of
14the probation officer or on its own motion or at the request of
15the minor after notice and hearing under this Section.
16    (6) Sentencing after revocation of probation or of
17conditional discharge shall be under Section 5-705.
18    (7) Instead of filing a violation of probation or of
19conditional discharge, the probation officer, with the
20concurrence of his or her supervisor, may serve on the minor a
21notice of intermediate sanctions. The notice shall contain the
22technical violation or violations involved, the date or dates
23of the violation or violations, and the intermediate sanctions
24to be imposed. Upon receipt of the notice, the minor shall
25immediately accept or reject the intermediate sanctions. If
26the sanctions are accepted, they shall be imposed immediately.

 

 

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1If the intermediate sanctions are rejected or the minor does
2not respond to the notice, a violation of probation or of
3conditional discharge shall be immediately filed with the
4court. The State's Attorney and the sentencing court shall be
5notified of the notice of sanctions. Upon successful
6completion of the intermediate sanctions, a court may not
7revoke probation or conditional discharge or impose additional
8sanctions for the same violation. A notice of intermediate
9sanctions may not be issued for any violation of probation or
10conditional discharge which could warrant an additional,
11separate felony charge.
12(Source: P.A. 90-590, eff. 1-1-99.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.