Full Text of HB2678 96th General Assembly
HB2678 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2678
Introduced 2/24/2009, by Rep. Eddie Washington SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/5-710 |
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705 ILCS 405/Art. V, Part 7A heading new |
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705 ILCS 405/5-7A-101 new |
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705 ILCS 405/5-7A-105 new |
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705 ILCS 405/5-7A-110 new |
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705 ILCS 405/5-7A-115 new |
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705 ILCS 405/7A-120 new |
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705 ILCS 405/7A-125 new |
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Amends the Juvenile Court Act of 1987. Provides that a delinquent minor may be placed in a juvenile electronic home monitoring program. Establishes the conditions of the program.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2678 |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-710 and by adding Part 7A to Article V as | 6 |
| follows:
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| (705 ILCS 405/5-710)
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| Sec. 5-710. Kinds of sentencing orders.
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| (1) The following kinds of sentencing orders may be made in | 10 |
| respect of
wards of the court:
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| (a) Except as provided in Sections 5-805, 5-810, 5-815, | 12 |
| a minor who is
found
guilty under Section 5-620 may be:
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| (i) put on probation or conditional discharge and | 14 |
| released to his or her
parents, guardian or legal | 15 |
| custodian, provided, however, that any such minor
who | 16 |
| is not committed to the Department of Juvenile Justice | 17 |
| under
this subsection and who is found to be a | 18 |
| delinquent for an offense which is
first degree murder, | 19 |
| a Class X felony, or a forcible felony shall be placed | 20 |
| on
probation;
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| (ii) placed in accordance with Section 5-740, with | 22 |
| or without also being
put on probation or conditional | 23 |
| discharge;
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| (iii) required to undergo a substance abuse | 2 |
| assessment conducted by a
licensed provider and | 3 |
| participate in the indicated clinical level of care;
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| (iv) placed in the guardianship of the Department | 5 |
| of Children and Family
Services, but only if the | 6 |
| delinquent minor is under 15 years of age or, pursuant | 7 |
| to Article II of this Act, a minor for whom an | 8 |
| independent basis of abuse, neglect, or dependency | 9 |
| exists. An independent basis exists when the | 10 |
| allegations or adjudication of abuse, neglect, or | 11 |
| dependency do not arise from the same facts, incident, | 12 |
| or circumstances which give rise to a charge or | 13 |
| adjudication of delinquency;
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| (v) placed in detention for a period not to exceed | 15 |
| 30 days, either as
the
exclusive order of disposition | 16 |
| or, where appropriate, in conjunction with any
other | 17 |
| order of disposition issued under this paragraph, | 18 |
| provided that any such
detention shall be in a juvenile | 19 |
| detention home and the minor so detained shall
be 10 | 20 |
| years of age or older. However, the 30-day limitation | 21 |
| may be extended by
further order of the court for a | 22 |
| minor under age 15 committed to the Department
of | 23 |
| Children and Family Services if the court finds that | 24 |
| the minor is a danger
to himself or others. The minor | 25 |
| shall be given credit on the sentencing order
of | 26 |
| detention for time spent in detention under Sections |
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| 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 2 |
| result of the offense for which the sentencing order | 3 |
| was imposed.
The court may grant credit on a sentencing | 4 |
| order of detention entered under a
violation of | 5 |
| probation or violation of conditional discharge under | 6 |
| Section
5-720 of this Article for time spent in | 7 |
| detention before the filing of the
petition
alleging | 8 |
| the violation. A minor shall not be deprived of credit | 9 |
| for time spent
in detention before the filing of a | 10 |
| violation of probation or conditional
discharge | 11 |
| alleging the same or related act or acts;
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| (vi) ordered partially or completely emancipated | 13 |
| in accordance with the
provisions of the Emancipation | 14 |
| of Minors Act;
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| (vii) subject to having his or her driver's license | 16 |
| or driving
privileges
suspended for such time as | 17 |
| determined by the court but only until he or she
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| attains 18 years of age;
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| (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 than | 25 |
| upon attainment of age 21; this subdivision (viii) | 26 |
| notwithstanding
any contrary provision of the law; or
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| (ix) ordered to undergo a medical or other | 2 |
| procedure to have a tattoo
symbolizing allegiance to a | 3 |
| street gang removed from his or her body ; or .
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| (x) placed in electronic home detention under Part | 5 |
| 7A of this Article.
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| (b) A minor found to be guilty may be committed to the | 7 |
| Department of
Juvenile Justice under Section 5-750 if the | 8 |
| minor is 13 years of age or
older,
provided that the | 9 |
| commitment to the Department of Juvenile Justice shall be | 10 |
| made only if a term of incarceration is permitted by law | 11 |
| for
adults found guilty of the offense for which the minor | 12 |
| was adjudicated
delinquent. The time during which a minor | 13 |
| is in custody before being released
upon the request of a | 14 |
| parent, guardian or legal custodian shall be considered
as | 15 |
| time spent in detention.
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| (c) When a minor is found to be guilty for an offense | 17 |
| which is a violation
of the Illinois Controlled Substances | 18 |
| Act, the Cannabis Control Act, or the Methamphetamine | 19 |
| Control and Community Protection Act and made
a ward of the | 20 |
| court, the court may enter a disposition order requiring | 21 |
| the
minor to undergo assessment,
counseling or treatment in | 22 |
| a substance abuse program approved by the Department
of | 23 |
| Human Services.
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| (2) Any sentencing order other than commitment to the | 25 |
| Department of
Juvenile Justice may provide for protective | 26 |
| supervision under
Section 5-725 and may include an order of |
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| protection under Section 5-730.
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| (3) Unless the sentencing order expressly so provides, it | 3 |
| does not operate
to close proceedings on the pending petition, | 4 |
| but is subject to modification
until final closing and | 5 |
| discharge of the proceedings under Section 5-750.
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| (4) In addition to any other sentence, the court may order | 7 |
| any
minor
found to be delinquent to make restitution, in | 8 |
| monetary or non-monetary form,
under the terms and conditions | 9 |
| of Section 5-5-6 of the Unified Code of
Corrections, except | 10 |
| that the "presentencing hearing" referred to in that
Section
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| shall be
the sentencing hearing for purposes of this Section. | 12 |
| The parent, guardian or
legal custodian of the minor may be | 13 |
| ordered by the court to pay some or all of
the restitution on | 14 |
| the minor's behalf, pursuant to the Parental Responsibility
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| Law. The State's Attorney is authorized to act
on behalf of any | 16 |
| victim in seeking restitution in proceedings under this
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| Section, up to the maximum amount allowed in Section 5 of the | 18 |
| Parental
Responsibility Law.
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| (5) Any sentencing order where the minor is committed or | 20 |
| placed in
accordance
with Section 5-740 shall provide for the | 21 |
| parents or guardian of the estate of
the minor to pay to the | 22 |
| legal custodian or guardian of the person of the minor
such | 23 |
| sums as are determined by the custodian or guardian of the | 24 |
| person of the
minor as necessary for the minor's needs. The | 25 |
| payments may not exceed the
maximum amounts provided for by | 26 |
| Section 9.1 of the Children and Family Services
Act.
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| (6) Whenever the sentencing order requires the minor to | 2 |
| attend school or
participate in a program of training, the | 3 |
| truant officer or designated school
official shall regularly | 4 |
| report to the court if the minor is a chronic or
habitual | 5 |
| truant under Section 26-2a of the School Code. Notwithstanding | 6 |
| any other provision of this Act, in instances in which | 7 |
| educational services are to be provided to a minor in a | 8 |
| residential facility where the minor has been placed by the | 9 |
| court, costs incurred in the provision of those educational | 10 |
| services must be allocated based on the requirements of the | 11 |
| School Code.
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| (7) In no event shall a guilty minor be committed to the | 13 |
| Department of
Juvenile Justice for a period of time in
excess | 14 |
| of
that period for which an adult could be committed for the | 15 |
| same act.
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| (8) A minor found to be guilty for reasons that include a | 17 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 18 |
| be ordered to perform
community service for not less than 30 | 19 |
| and not more than 120 hours, if
community service is available | 20 |
| in the jurisdiction. The community service
shall include, but | 21 |
| need not be limited to, the cleanup and repair of the damage
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| that was caused by the violation or similar damage to property | 23 |
| located in the
municipality or county in which the violation | 24 |
| occurred. The order may be in
addition to any other order | 25 |
| authorized by this Section.
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| (8.5) A minor found to be guilty for reasons that include a |
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| violation of
Section
3.02 or Section 3.03 of the Humane Care | 2 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section | 3 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 4 |
| medical or psychiatric treatment rendered by
a
psychiatrist or | 5 |
| psychological treatment rendered by a clinical psychologist.
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| The order
may be in addition to any other order authorized by | 7 |
| this Section.
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| (9) In addition to any other sentencing order, the court | 9 |
| shall order any
minor found
to be guilty for an act which would | 10 |
| constitute, predatory criminal sexual
assault of a child, | 11 |
| aggravated criminal sexual assault, criminal sexual
assault, | 12 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
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| committed by an
adult to undergo medical testing to determine | 14 |
| whether the defendant has any
sexually transmissible disease | 15 |
| including a test for infection with human
immunodeficiency | 16 |
| virus (HIV) or any other identified causative agency of
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| acquired immunodeficiency syndrome (AIDS). Any medical test | 18 |
| shall be performed
only by appropriately licensed medical | 19 |
| practitioners and may include an
analysis of any bodily fluids | 20 |
| as well as an examination of the minor's person.
Except as | 21 |
| otherwise provided by law, the results of the test shall be | 22 |
| kept
strictly confidential by all medical personnel involved in | 23 |
| the testing and must
be personally delivered in a sealed | 24 |
| envelope to the judge of the court in which
the sentencing | 25 |
| order was entered for the judge's inspection in camera. Acting
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| in accordance with the best interests of the victim and the |
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| public, the judge
shall have the discretion to determine to | 2 |
| whom the results of the testing may
be revealed. The court | 3 |
| shall notify the minor of the results of the test for
infection | 4 |
| with the human immunodeficiency virus (HIV). The court shall | 5 |
| also
notify the victim if requested by the victim, and if the | 6 |
| victim is under the
age of 15 and if requested by the victim's | 7 |
| parents or legal guardian, the court
shall notify the victim's | 8 |
| parents or the legal guardian, of the results of the
test for | 9 |
| infection with the human immunodeficiency virus (HIV). The | 10 |
| court
shall provide information on the availability of HIV | 11 |
| testing and counseling at
the Department of Public Health | 12 |
| facilities to all parties to whom the
results of the testing | 13 |
| are revealed. The court shall order that the cost of
any test | 14 |
| shall be paid by the county and may be taxed as costs against | 15 |
| the
minor.
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| (10) When a court finds a minor to be guilty the court | 17 |
| shall, before
entering a sentencing order under this Section, | 18 |
| make a finding whether the
offense committed either: (a) was | 19 |
| related to or in furtherance of the criminal
activities of an | 20 |
| organized gang or was motivated by the minor's membership in
or | 21 |
| allegiance to an organized gang, or (b) involved a violation of
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| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 23 |
| a violation of
any
Section of Article 24 of the Criminal Code | 24 |
| of 1961, or a violation of any
statute that involved the | 25 |
| wrongful use of a firearm. If the court determines
the question | 26 |
| in the affirmative,
and the court does not commit the minor to |
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| the Department of Juvenile Justice, the court shall order the | 2 |
| minor to perform community service
for not less than 30 hours | 3 |
| nor more than 120 hours, provided that community
service is | 4 |
| available in the jurisdiction and is funded and approved by the
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| county board of the county where the offense was committed. The | 6 |
| community
service shall include, but need not be limited to, | 7 |
| the cleanup and repair of
any damage caused by a violation of | 8 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage | 9 |
| to property located in the municipality or county in which
the | 10 |
| violation occurred. When possible and reasonable, the | 11 |
| community service
shall be performed in the minor's | 12 |
| neighborhood. This order shall be in
addition to any other | 13 |
| order authorized by this Section
except for an order to place | 14 |
| the minor in the custody of the Department of
Juvenile Justice. | 15 |
| For the purposes of this Section, "organized
gang" has the | 16 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
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| Terrorism Omnibus Prevention Act.
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| (11) If the court determines that the offense was committed | 19 |
| in furtherance of the criminal activities of an organized gang, | 20 |
| as provided in subsection (10), and that the offense involved | 21 |
| the operation or use of a motor vehicle or the use of a | 22 |
| driver's license or permit, the court shall notify the | 23 |
| Secretary of State of that determination and of the period for | 24 |
| which the minor shall be denied driving privileges. If, at the | 25 |
| time of the determination, the minor does not hold a driver's | 26 |
| license or permit, the court shall provide that the minor shall |
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| not be issued a driver's license or permit until his or her | 2 |
| 18th birthday. If the minor holds a driver's license or permit | 3 |
| at the time of the determination, the court shall provide that | 4 |
| the minor's driver's license or permit shall be revoked until | 5 |
| his or her 21st birthday, or until a later date or occurrence | 6 |
| determined by the court. If the minor holds a driver's license | 7 |
| at the time of the determination, the court may direct the | 8 |
| Secretary of State to issue the minor a judicial driving | 9 |
| permit, also known as a JDP. The JDP shall be subject to the | 10 |
| same terms as a JDP issued under Section 6-206.1 of the | 11 |
| Illinois Vehicle Code, except that the court may direct that | 12 |
| the JDP be effective immediately.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06; | 14 |
| 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, eff. 8-15-08; | 15 |
| 95-876, eff. 8-21-08.) | 16 |
| (705 ILCS 405/Art. V, Part 7A heading new) | 17 |
| PART 7A. JUVENILE ELECTRONIC HOME DETENTION LAW | 18 |
| (705 ILCS 405/5-7A-101 new) | 19 |
| Sec. 5-7A-101. Short title. This Part may be cited as
the | 20 |
| Juvenile Electronic Home Detention Law. | 21 |
| (705 ILCS 405/5-7A-105 new) | 22 |
| Sec. 5-7A-105. Definitions. As used in this Article: | 23 |
| (a) "Approved electronic monitoring device" means a device |
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| approved by the supervising authority that is primarily | 2 |
| intended to record or transmit information as to the minor's | 3 |
| presence or nonpresence in the home.
An approved electronic | 4 |
| monitoring device may record or transmit: oral or wire | 5 |
| communications or an auditory sound; visual images; or | 6 |
| information regarding the minor's activities while inside the | 7 |
| offender's home. These devices are subject to the required | 8 |
| consent as set forth in Section 5-7A-125 of this Article.
An | 9 |
| approved electronic monitoring device may be used to record a | 10 |
| conversation between the participant and the monitoring | 11 |
| device, or the participant and the person supervising the | 12 |
| participant solely for the purpose of identification and not | 13 |
| for the purpose of eavesdropping or conducting any other | 14 |
| illegally intrusive monitoring. | 15 |
| (b) "Excluded offenses" means any act if committed by an | 16 |
| adult would constitute first degree murder, escape, aggravated | 17 |
| criminal sexual assault, criminal sexual assault, aggravated | 18 |
| battery with a firearm, bringing or possessing a firearm, | 19 |
| ammunition, or explosive in a penal institution, any "Super-X" | 20 |
| drug offense or calculated criminal drug conspiracy or | 21 |
| streetgang criminal drug conspiracy, or any predecessor or | 22 |
| successor offenses with the same or substantially the same | 23 |
| elements, or any inchoate offenses relating to the foregoing | 24 |
| offenses. | 25 |
| (c) "Home detention" means the confinement of a minor | 26 |
| adjudicated delinquent or subject to an adjudicatory hearing |
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| under Article V for an act that if committed by an adult would | 2 |
| be an offense to his or her place of residence under the terms | 3 |
| and conditions established by the supervising authority. | 4 |
| (d) "Participant" means a minor placed into an electronic | 5 |
| monitoring program. | 6 |
| (e) "Supervising authority" means the Department of | 7 |
| Juvenile Justice, probation supervisory authority, sheriff, | 8 |
| superintendent of a juvenile detention center, or any other | 9 |
| officer or agency charged with authorizing and supervising home | 10 |
| detention. | 11 |
| (f) "Super-X drug offense" means a violation of clause | 12 |
| (a)(1)(B), (C), or (D) of Section 401; clause (a)(2)(B), (C), | 13 |
| or (D) of Section 401; clause (a)(3)(B), (C), or (D) of Section | 14 |
| 401; or clause (a)(7)(B), (C), or (D) of Section 401 of the | 15 |
| Illinois Controlled Substances Act. | 16 |
| (705 ILCS 405/5-7A-110 new) | 17 |
| Sec. 5-7A-110. Application. | 18 |
| (a) Except as provided in subsection (d), a minor subject | 19 |
| to an adjudicatory hearing or adjudicated delinquent for an act | 20 |
| that if committed by an adult would be an excluded offense may | 21 |
| not be placed in an electronic home detention program, except | 22 |
| upon order of the court upon good cause shown. | 23 |
| (b) A minor adjudicated delinquent for an act that if | 24 |
| committed by an adult would be a Class 1 felony, other than an | 25 |
| excluded offense, may be placed in an electronic home detention |
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| program for a period not to exceed the last 90 days of | 2 |
| incarceration. | 3 |
| (c) A minor adjudicated delinquent for an act that if | 4 |
| committed by an adult would be a Class X felony, other than an | 5 |
| excluded offense, may be placed in an electronic home detention | 6 |
| program for a period not to exceed the last 90 days of | 7 |
| incarceration, provided that the person was sentenced on or | 8 |
| after the effective date of this amendatory Act of the 96th | 9 |
| General Assembly and provided that the court has not prohibited | 10 |
| the program for the minor in the sentencing order. | 11 |
| (d) Applications for electronic home detention may include | 12 |
| the following: | 13 |
| (1) pre-adjudicatory detention; | 14 |
| (2) probation; | 15 |
| (3) furlough; | 16 |
| (4) post-trial incarceration; or | 17 |
| (5) any other disposition under this Article. | 18 |
| (705 ILCS 405/5-7A-115 new) | 19 |
| Sec. 5-7A-115. Program description. The supervising | 20 |
| authority may promulgate rules that prescribe reasonable | 21 |
| guidelines under which an electronic home detention program | 22 |
| shall operate. These rules shall include, but not be limited, | 23 |
| to the following: | 24 |
| (A) The participant shall remain within the interior | 25 |
| premises or within the property boundaries of his or her |
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| residence at all times during the hours designated by the | 2 |
| supervising authority. Such instances of approved absences | 3 |
| from the home may include, but are not limited to, the | 4 |
| following: | 5 |
| (1) working or employment approved by the court or
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| traveling to or from approved employment; | 7 |
| (2) unemployed and seeking employment approved for
| 8 |
| the participant by the court; | 9 |
| (3) undergoing medical, psychiatric, mental health
| 10 |
| treatment, counseling, or other treatment programs | 11 |
| approved for the participant by the court; | 12 |
| (4) attending an educational institution or a
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| program approved for the participant by the court; | 14 |
| (5) attending a regularly scheduled religious
| 15 |
| service at a place of worship; | 16 |
| (6) participating in community work release or
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| community service programs approved for the | 18 |
| participant by the supervising authority; or | 19 |
| (7) for another compelling reason consistent with
| 20 |
| the public interest, as approved by the supervising | 21 |
| authority. | 22 |
| (B) The participant shall admit any person or agent | 23 |
| designated by the supervising authority into his or her | 24 |
| residence at any time for purposes of verifying the | 25 |
| participant's compliance with the conditions of his or her | 26 |
| detention. |
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| (C) The participant shall make the necessary | 2 |
| arrangements to allow for any person or agent designated by | 3 |
| the supervising authority to visit the participant's place | 4 |
| of education or employment at any time, based upon the | 5 |
| approval of the educational institution or employer or | 6 |
| both, for the purpose of verifying the participant's | 7 |
| compliance with the conditions of his or her detention. | 8 |
| (D) The participant shall acknowledge and participate | 9 |
| with the approved electronic monitoring device as | 10 |
| designated by the supervising authority at any time for the | 11 |
| purpose of verifying the participant's compliance with the | 12 |
| conditions of his or her detention. | 13 |
| (E) The participant shall maintain the following: | 14 |
| (1) a working telephone in the participant's home; | 15 |
| (2) a monitoring device in the participant's home,
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| or on the participant's person, or both; and | 17 |
| (3) a monitoring device in the participant's home
| 18 |
| and on the participant's person in the absence of a | 19 |
| telephone. | 20 |
| (F) The participant shall obtain approval from the | 21 |
| supervising authority before the participant changes | 22 |
| residence or the schedule described in paragraph (A) of | 23 |
| this Section. | 24 |
| (G) The participant shall not commit another act that | 25 |
| if committed by an adult would constitute a crime during | 26 |
| the period of home detention ordered by the court. |
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| (H) Notice to the participant that violation of the | 2 |
| order for home detention may subject the participant to an | 3 |
| adjudicatory hearing for escape as described in Section | 4 |
| 5-7A-120. | 5 |
| (I) The participant shall abide by other conditions as | 6 |
| set by the supervising authority. | 7 |
| (705 ILCS 405/7A-120 new)
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| Sec. 7A-120. Escape; failure to comply with a condition of | 9 |
| the juvenile electronic home monitoring detention program. A | 10 |
| minor charged with or adjudicated delinquent for an act that, | 11 |
| if committed by an adult, would constitute a felony or | 12 |
| misdemeanor, conditionally released from the supervising | 13 |
| authority through a juvenile electronic home monitoring | 14 |
| detention program, who knowingly violates a condition of the | 15 |
| juvenile electronic home monitoring detention program shall be | 16 |
| adjudicated a delinquent minor for such act and shall be | 17 |
| subject to an additional sentencing order under Section 5-710. | 18 |
| (705 ILCS 405/7A-125 new)
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| Sec. 7A-125. Consent of the participant. Before entering an | 20 |
| order for commitment for juvenile electronic home detention, | 21 |
| the supervising authority shall inform the participant and | 22 |
| other persons residing in the home of the nature and extent of | 23 |
| the approved electronic monitoring devices by doing the | 24 |
| following: |
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HB2678 |
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LRB096 10827 RLC 21050 b |
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| (A) Securing the written consent of the participant in | 2 |
| the program to comply with the rules and regulations of the | 3 |
| program as stipulated in paragraphs (A) through (I) of | 4 |
| Section 5-7A-115. | 5 |
| (B) Where possible, securing the written consent of | 6 |
| other persons residing in the home of the participant, | 7 |
| including the parent or legal guardian of the minor and of | 8 |
| the person in whose name the telephone is registered, at | 9 |
| the time of the order or commitment for electronic home | 10 |
| detention is entered and acknowledge the nature and extent | 11 |
| of approved electronic monitoring devices. | 12 |
| (C) Ensure that the approved electronic devices are | 13 |
| minimally intrusive upon the privacy of the participant and | 14 |
| other persons residing in the home while remaining in | 15 |
| compliance with paragraphs (B) through (D) of Section | 16 |
| 5-7A-115.
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