Illinois General Assembly - Full Text of HB3172
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Full Text of HB3172  98th General Assembly




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1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-615 as follows:
6    (705 ILCS 405/5-615)
7    Sec. 5-615. Continuance under supervision.
8    (1) The court may enter an order of continuance under
9supervision for an offense other than first degree murder, a
10Class X felony or a forcible felony:
11        (a) upon an admission or stipulation by the appropriate
12    respondent or minor respondent of the facts supporting the
13    petition and before the court makes a finding of
14    delinquency proceeding to adjudication, or after hearing
15    the evidence at the trial, and (b) in the absence of
16    objection made in open court by the minor, his or her
17    parent, guardian, or legal custodian, the minor's attorney
18    or the State's Attorney; or .
19        (b) upon a finding of delinquency and after considering
20    the circumstances of the offense and the history,
21    character, and condition of the minor, if the court is of
22    the opinion that:
23            (i) the minor is not likely to commit further



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1        crimes;
2            (ii) the minor and the public would be best served
3        if the minor were not to receive a criminal record; and
4            (iii) in the best interests of justice an order of
5        continuance under supervision is more appropriate than
6        a sentence otherwise permitted under this Act.
7    (2) (Blank). If the minor, his or her parent, guardian, or
8legal custodian, the minor's attorney or State's Attorney
9objects in open court to any continuance and insists upon
10proceeding to findings and adjudication, the court shall so
12    (3) Nothing in this Section limits the power of the court
13to order a continuance of the hearing for the production of
14additional evidence or for any other proper reason.
15    (4) When a hearing where a minor is alleged to be a
16delinquent is continued pursuant to this Section, the period of
17continuance under supervision may not exceed 24 months. The
18court may terminate a continuance under supervision at any time
19if warranted by the conduct of the minor and the ends of
20justice or vacate the finding of delinquency or both.
21    (5) When a hearing where a minor is alleged to be
22delinquent is continued pursuant to this Section, the court
23may, as conditions of the continuance under supervision,
24require the minor to do any of the following:
25        (a) not violate any criminal statute of any
26    jurisdiction;



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1        (b) make a report to and appear in person before any
2    person or agency as directed by the court;
3        (c) work or pursue a course of study or vocational
4    training;
5        (d) undergo medical or psychotherapeutic treatment
6    rendered by a therapist licensed under the provisions of
7    the Medical Practice Act of 1987, the Clinical Psychologist
8    Licensing Act, or the Clinical Social Work and Social Work
9    Practice Act, or an entity licensed by the Department of
10    Human Services as a successor to the Department of
11    Alcoholism and Substance Abuse, for the provision of drug
12    addiction and alcoholism treatment;
13        (e) attend or reside in a facility established for the
14    instruction or residence of persons on probation;
15        (f) support his or her dependents, if any;
16        (g) pay costs;
17        (h) refrain from possessing a firearm or other
18    dangerous weapon, or an automobile;
19        (i) permit the probation officer to visit him or her at
20    his or her home or elsewhere;
21        (j) reside with his or her parents or in a foster home;
22        (k) attend school;
23        (k-5) with the consent of the superintendent of the
24    facility, attend an educational program at a facility other
25    than the school in which the offense was committed if he or
26    she committed a crime of violence as defined in Section 2



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1    of the Crime Victims Compensation Act in a school, on the
2    real property comprising a school, or within 1,000 feet of
3    the real property comprising a school;
4        (l) attend a non-residential program for youth;
5        (m) contribute to his or her own support at home or in
6    a foster home;
7        (n) perform some reasonable public or community
8    service;
9        (o) make restitution to the victim, in the same manner
10    and under the same conditions as provided in subsection (4)
11    of Section 5-710, except that the "sentencing hearing"
12    referred to in that Section shall be the adjudicatory
13    hearing for purposes of this Section;
14        (p) comply with curfew requirements as designated by
15    the court;
16        (q) refrain from entering into a designated geographic
17    area except upon terms as the court finds appropriate. The
18    terms may include consideration of the purpose of the
19    entry, the time of day, other persons accompanying the
20    minor, and advance approval by a probation officer;
21        (r) refrain from having any contact, directly or
22    indirectly, with certain specified persons or particular
23    types of persons, including but not limited to members of
24    street gangs and drug users or dealers;
25        (r-5) undergo a medical or other procedure to have a
26    tattoo symbolizing allegiance to a street gang removed from



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1    his or her body;
2        (s) refrain from having in his or her body the presence
3    of any illicit drug prohibited by the Cannabis Control Act,
4    the Illinois Controlled Substances Act, or the
5    Methamphetamine Control and Community Protection Act,
6    unless prescribed by a physician, and submit samples of his
7    or her blood or urine or both for tests to determine the
8    presence of any illicit drug; or
9        (t) comply with any other conditions as may be ordered
10    by the court.
11    (6) A minor whose case is continued under supervision under
12subsection (5) shall be given a certificate setting forth the
13conditions imposed by the court. Those conditions may be
14reduced, enlarged, or modified by the court on motion of the
15probation officer or on its own motion, or that of the State's
16Attorney, or, at the request of the minor after notice and
18    (7) If a petition is filed charging a violation of a
19condition of the continuance under supervision, the court shall
20conduct a hearing. If the court finds that a condition of
21supervision has not been fulfilled, the court may proceed to
22findings, and adjudication, and disposition or adjudication
23and disposition. The filing of a petition for violation of a
24condition of the continuance under supervision shall toll the
25period of continuance under supervision until the final
26determination of the charge, and the term of the continuance



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1under supervision shall not run until the hearing and
2disposition of the petition for violation; provided where the
3petition alleges conduct that does not constitute a criminal
4offense, the hearing must be held within 30 days of the filing
5of the petition unless a delay shall continue the tolling of
6the period of continuance under supervision for the period of
7the delay.
8    (8) When a hearing in which a minor is alleged to be a
9delinquent for reasons that include a violation of Section
1021-1.3 of the Criminal Code of 1961 or the Criminal Code of
112012 is continued under this Section, the court shall, as a
12condition of the continuance under supervision, require the
13minor to perform community service for not less than 30 and not
14more than 120 hours, if community service is available in the
15jurisdiction. The community service shall include, but need not
16be limited to, the cleanup and repair of the damage that was
17caused by the alleged violation or similar damage to property
18located in the municipality or county in which the alleged
19violation occurred. The condition may be in addition to any
20other condition.
21    (8.5) When a hearing in which a minor is alleged to be a
22delinquent for reasons that include a violation of Section 3.02
23or Section 3.03 of the Humane Care for Animals Act or paragraph
24(d) of subsection (1) of Section 21-1 of the Criminal Code of
251961 or paragraph (4) of subsection (a) of Section 21-1 or the
26Criminal Code of 2012 is continued under this Section, the



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1court shall, as a condition of the continuance under
2supervision, require the minor to undergo medical or
3psychiatric treatment rendered by a psychiatrist or
4psychological treatment rendered by a clinical psychologist.
5The condition may be in addition to any other condition.
6    (9) When a hearing in which a minor is alleged to be a
7delinquent is continued under this Section, the court, before
8continuing the case, shall make a finding whether the offense
9alleged to have been committed either: (i) was related to or in
10furtherance of the activities of an organized gang or was
11motivated by the minor's membership in or allegiance to an
12organized gang, or (ii) is a violation of paragraph (13) of
13subsection (a) of Section 12-2 or paragraph (2) of subsection
14(c) of Section 12-2 of the Criminal Code of 1961 or the
15Criminal Code of 2012, a violation of any Section of Article 24
16of the Criminal Code of 1961 or the Criminal Code of 2012, or a
17violation of any statute that involved the unlawful use of a
18firearm. If the court determines the question in the
19affirmative the court shall, as a condition of the continuance
20under supervision and as part of or in addition to any other
21condition of the supervision, require the minor to perform
22community service for not less than 30 hours, provided that
23community service is available in the jurisdiction and is
24funded and approved by the county board of the county where the
25offense was committed. The community service shall include, but
26need not be limited to, the cleanup and repair of any damage



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1caused by an alleged violation of Section 21-1.3 of the
2Criminal Code of 1961 or the Criminal Code of 2012 and similar
3damage to property located in the municipality or county in
4which the alleged violation occurred. When possible and
5reasonable, the community service shall be performed in the
6minor's neighborhood. For the purposes of this Section,
7"organized gang" has the meaning ascribed to it in Section 10
8of the Illinois Streetgang Terrorism Omnibus Prevention Act.
9    (10) The court shall impose upon a minor placed on
10supervision, as a condition of the supervision, a fee of $50
11for each month of supervision ordered by the court, unless
12after determining the inability of the minor placed on
13supervision to pay the fee, the court assesses a lesser amount.
14The court may not impose the fee on a minor who is made a ward
15of the State under this Act while the minor is in placement.
16The fee shall be imposed only upon a minor who is actively
17supervised by the probation and court services department. A
18court may order the parent, guardian, or legal custodian of the
19minor to pay some or all of the fee on the minor's behalf.
20    (11) If a minor is placed on supervision for a violation of
21subsection (a-7) of Section 1 of the Prevention of Tobacco Use
22by Minors Act, the court may, in its discretion, and upon
23recommendation by the State's Attorney, order that minor and
24his or her parents or legal guardian to attend a smoker's
25education or youth diversion program as defined in that Act if
26that program is available in the jurisdiction where the



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



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1    subsection (a-7) of Section 1 of that Act that occurs
2    within 12 months after the first violation is punishable by
3    a $100 fine and 30 hours of community service.
4        (d) Any second or subsequent violation not within the
5    12-month time period after the first violation is
6    punishable as provided for a first violation.
7(Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11;
897-1150, eff. 1-25-13.)