Full Text of SB1844 98th General Assembly
SB1844enr 98TH GENERAL ASSEMBLY |
| | SB1844 Enrolled | | LRB098 09863 RLC 40021 b |
|
| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-710 as follows:
| 6 | | (705 ILCS 405/5-710)
| 7 | | Sec. 5-710. Kinds of sentencing orders.
| 8 | | (1) The following kinds of sentencing orders may be made in | 9 | | respect of
wards of the court:
| 10 | | (a) Except as provided in Sections 5-805, 5-810, 5-815, | 11 | | a minor who is
found
guilty under Section 5-620 may be:
| 12 | | (i) put on probation or conditional discharge and | 13 | | released to his or her
parents, guardian or legal | 14 | | custodian, provided, however, that any such minor
who | 15 | | is not committed to the Department of Juvenile Justice | 16 | | under
this subsection and who is found to be a | 17 | | delinquent for an offense which is
first degree murder, | 18 | | a Class X felony, or a forcible felony shall be placed | 19 | | on
probation;
| 20 | | (ii) placed in accordance with Section 5-740, with | 21 | | or without also being
put on probation or conditional | 22 | | discharge;
| 23 | | (iii) required to undergo a substance abuse |
| | | SB1844 Enrolled | - 2 - | LRB098 09863 RLC 40021 b |
|
| 1 | | assessment conducted by a
licensed provider and | 2 | | participate in the indicated clinical level of care;
| 3 | | (iv) placed in the guardianship of the Department | 4 | | of Children and Family
Services, but only if the | 5 | | delinquent minor is under 15 years of age or, pursuant | 6 | | to Article II of this Act, a minor for whom an | 7 | | independent basis of abuse, neglect, or dependency | 8 | | exists. An independent basis exists when the | 9 | | allegations or adjudication of abuse, neglect, or | 10 | | dependency do not arise from the same facts, incident, | 11 | | or circumstances which give rise to a charge or | 12 | | adjudication of delinquency;
| 13 | | (v) placed in detention for a period not to exceed | 14 | | 30 days, either as
the
exclusive order of disposition | 15 | | or, where appropriate, in conjunction with any
other | 16 | | order of disposition issued under this paragraph, | 17 | | provided that any such
detention shall be in a juvenile | 18 | | detention home and the minor so detained shall
be 10 | 19 | | years of age or older. However, the 30-day limitation | 20 | | may be extended by
further order of the court for a | 21 | | minor under age 15 committed to the Department
of | 22 | | Children and Family Services if the court finds that | 23 | | the minor is a danger
to himself or others. The minor | 24 | | shall be given credit on the sentencing order
of | 25 | | detention for time spent in detention under Sections | 26 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a |
| | | SB1844 Enrolled | - 3 - | LRB098 09863 RLC 40021 b |
|
| 1 | | result of the offense for which the sentencing order | 2 | | was imposed.
The court may grant credit on a sentencing | 3 | | order of detention entered under a
violation of | 4 | | probation or violation of conditional discharge under | 5 | | Section
5-720 of this Article for time spent in | 6 | | detention before the filing of the
petition
alleging | 7 | | the violation. A minor shall not be deprived of credit | 8 | | for time spent
in detention before the filing of a | 9 | | violation of probation or conditional
discharge | 10 | | alleging the same or related act or acts . The | 11 | | limitation that the minor shall only be placed in a | 12 | | juvenile detention home does not apply as follows: | 13 | | Persons 18 years of age and older who have a | 14 | | petition of delinquency filed against them may be | 15 | | confined in an adult detention facility. In making a | 16 | | determination whether to confine a person 18 years of | 17 | | age or older who has a petition of delinquency filed | 18 | | against the person, these factors, among other | 19 | | matters, shall be considered: | 20 | | (A) the age of the person; | 21 | | (B) any previous delinquent or criminal | 22 | | history of the person; | 23 | | (C) any previous abuse or neglect history of | 24 | | the person; | 25 | | (D) any mental health history of the person; | 26 | | and |
| | | SB1844 Enrolled | - 4 - | LRB098 09863 RLC 40021 b |
|
| 1 | | (E) any educational history of the person ;
| 2 | | (vi) ordered partially or completely emancipated | 3 | | in accordance with the
provisions of the Emancipation | 4 | | of Minors Act;
| 5 | | (vii) subject to having his or her driver's license | 6 | | or driving
privileges
suspended for such time as | 7 | | determined by the court but only until he or she
| 8 | | attains 18 years of age;
| 9 | | (viii) put on probation or conditional discharge | 10 | | and placed in detention
under Section 3-6039 of the | 11 | | Counties Code for a period not to exceed the period
of | 12 | | incarceration permitted by law for adults found guilty | 13 | | of the same offense
or offenses for which the minor was | 14 | | adjudicated delinquent, and in any event no
longer than | 15 | | upon attainment of age 21; this subdivision (viii) | 16 | | notwithstanding
any contrary provision of the law;
| 17 | | (ix) ordered to undergo a medical or other | 18 | | procedure to have a tattoo
symbolizing allegiance to a | 19 | | street gang removed from his or her body; or | 20 | | (x) placed in electronic home detention under Part | 21 | | 7A of this Article.
| 22 | | (b) A minor found to be guilty may be committed to the | 23 | | Department of
Juvenile Justice under Section 5-750 if the | 24 | | minor is 13 years of age or
older,
provided that the | 25 | | commitment to the Department of Juvenile Justice shall be | 26 | | made only if a term of incarceration is permitted by law |
| | | SB1844 Enrolled | - 5 - | LRB098 09863 RLC 40021 b |
|
| 1 | | for
adults found guilty of the offense for which the minor | 2 | | was adjudicated
delinquent. The time during which a minor | 3 | | is in custody before being released
upon the request of a | 4 | | parent, guardian or legal custodian shall be considered
as | 5 | | time spent in detention.
| 6 | | (c) When a minor is found to be guilty for an offense | 7 | | which is a violation
of the Illinois Controlled Substances | 8 | | Act, the Cannabis Control Act, or the Methamphetamine | 9 | | Control and Community Protection Act and made
a ward of the | 10 | | court, the court may enter a disposition order requiring | 11 | | the
minor to undergo assessment,
counseling or treatment in | 12 | | a substance abuse program approved by the Department
of | 13 | | Human Services.
| 14 | | (2) Any sentencing order other than commitment to the | 15 | | Department of
Juvenile Justice may provide for protective | 16 | | supervision under
Section 5-725 and may include an order of | 17 | | protection under Section 5-730.
| 18 | | (3) Unless the sentencing order expressly so provides, it | 19 | | does not operate
to close proceedings on the pending petition, | 20 | | but is subject to modification
until final closing and | 21 | | discharge of the proceedings under Section 5-750.
| 22 | | (4) In addition to any other sentence, the court may order | 23 | | any
minor
found to be delinquent to make restitution, in | 24 | | monetary or non-monetary form,
under the terms and conditions | 25 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 26 | | that the "presentencing hearing" referred to in that
Section
|
| | | SB1844 Enrolled | - 6 - | LRB098 09863 RLC 40021 b |
|
| 1 | | shall be
the sentencing hearing for purposes of this Section. | 2 | | The parent, guardian or
legal custodian of the minor may be | 3 | | ordered by the court to pay some or all of
the restitution on | 4 | | the minor's behalf, pursuant to the Parental Responsibility
| 5 | | Law. The State's Attorney is authorized to act
on behalf of any | 6 | | victim in seeking restitution in proceedings under this
| 7 | | Section, up to the maximum amount allowed in Section 5 of the | 8 | | Parental
Responsibility Law.
| 9 | | (5) Any sentencing order where the minor is committed or | 10 | | placed in
accordance
with Section 5-740 shall provide for the | 11 | | parents or guardian of the estate of
the minor to pay to the | 12 | | legal custodian or guardian of the person of the minor
such | 13 | | sums as are determined by the custodian or guardian of the | 14 | | person of the
minor as necessary for the minor's needs. The | 15 | | payments may not exceed the
maximum amounts provided for by | 16 | | Section 9.1 of the Children and Family Services
Act.
| 17 | | (6) Whenever the sentencing order requires the minor to | 18 | | attend school or
participate in a program of training, the | 19 | | truant officer or designated school
official shall regularly | 20 | | report to the court if the minor is a chronic or
habitual | 21 | | truant under Section 26-2a of the School Code. Notwithstanding | 22 | | any other provision of this Act, in instances in which | 23 | | educational services are to be provided to a minor in a | 24 | | residential facility where the minor has been placed by the | 25 | | court, costs incurred in the provision of those educational | 26 | | services must be allocated based on the requirements of the |
| | | SB1844 Enrolled | - 7 - | LRB098 09863 RLC 40021 b |
|
| 1 | | School Code.
| 2 | | (7) In no event shall a guilty minor be committed to the | 3 | | Department of
Juvenile Justice for a period of time in
excess | 4 | | of
that period for which an adult could be committed for the | 5 | | same act.
| 6 | | (8) A minor found to be guilty for reasons that include a | 7 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012 shall be ordered to perform
community | 9 | | service for not less than 30 and not more than 120 hours, if
| 10 | | community service is available in the jurisdiction. The | 11 | | community service
shall include, but need not be limited to, | 12 | | the cleanup and repair of the damage
that was caused by the | 13 | | violation or similar damage to property located in the
| 14 | | municipality or county in which the violation occurred. The | 15 | | order may be in
addition to any other order authorized by this | 16 | | Section.
| 17 | | (8.5) A minor found to be guilty for reasons that include a | 18 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 19 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 20 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 21 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 22 | | shall be ordered to undergo medical or psychiatric treatment | 23 | | rendered by
a
psychiatrist or psychological treatment rendered | 24 | | by a clinical psychologist.
The order
may be in addition to any | 25 | | other order authorized by this Section.
| 26 | | (9) In addition to any other sentencing order, the court |
| | | SB1844 Enrolled | - 8 - | LRB098 09863 RLC 40021 b |
|
| 1 | | shall order any
minor found
to be guilty for an act which would | 2 | | constitute, predatory criminal sexual
assault of a child, | 3 | | aggravated criminal sexual assault, criminal sexual
assault, | 4 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 5 | | committed by an
adult to undergo medical testing to determine | 6 | | whether the defendant has any
sexually transmissible disease | 7 | | including a test for infection with human
immunodeficiency | 8 | | virus (HIV) or any other identified causative agency of
| 9 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 10 | | shall be performed
only by appropriately licensed medical | 11 | | practitioners and may include an
analysis of any bodily fluids | 12 | | as well as an examination of the minor's person.
Except as | 13 | | otherwise provided by law, the results of the test shall be | 14 | | kept
strictly confidential by all medical personnel involved in | 15 | | the testing and must
be personally delivered in a sealed | 16 | | envelope to the judge of the court in which
the sentencing | 17 | | order was entered for the judge's inspection in camera. Acting
| 18 | | in accordance with the best interests of the victim and the | 19 | | public, the judge
shall have the discretion to determine to | 20 | | whom the results of the testing may
be revealed. The court | 21 | | shall notify the minor of the results of the test for
infection | 22 | | with the human immunodeficiency virus (HIV). The court shall | 23 | | also
notify the victim if requested by the victim, and if the | 24 | | victim is under the
age of 15 and if requested by the victim's | 25 | | parents or legal guardian, the court
shall notify the victim's | 26 | | parents or the legal guardian, of the results of the
test for |
| | | SB1844 Enrolled | - 9 - | LRB098 09863 RLC 40021 b |
|
| 1 | | infection with the human immunodeficiency virus (HIV). The | 2 | | court
shall provide information on the availability of HIV | 3 | | testing and counseling at
the Department of Public Health | 4 | | facilities to all parties to whom the
results of the testing | 5 | | are revealed. The court shall order that the cost of
any test | 6 | | shall be paid by the county and may be taxed as costs against | 7 | | the
minor.
| 8 | | (10) When a court finds a minor to be guilty the court | 9 | | shall, before
entering a sentencing order under this Section, | 10 | | make a finding whether the
offense committed either: (a) was | 11 | | related to or in furtherance of the criminal
activities of an | 12 | | organized gang or was motivated by the minor's membership in
or | 13 | | allegiance to an organized gang, or (b) involved a violation of
| 14 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 15 | | or the Criminal Code of 2012, a violation of
any
Section of | 16 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 17 | | 2012, or a violation of any
statute that involved the wrongful | 18 | | use of a firearm. If the court determines
the question in the | 19 | | affirmative,
and the court does not commit the minor to the | 20 | | Department of Juvenile Justice, the court shall order the minor | 21 | | to perform community service
for not less than 30 hours nor | 22 | | more than 120 hours, provided that community
service is | 23 | | available in the jurisdiction and is funded and approved by the
| 24 | | county board of the county where the offense was committed. The | 25 | | community
service shall include, but need not be limited to, | 26 | | the cleanup and repair of
any damage caused by a violation of |
| | | SB1844 Enrolled | - 10 - | LRB098 09863 RLC 40021 b |
|
| 1 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 2 | | Code of 2012
and similar damage to property located in the | 3 | | municipality or county in which
the violation occurred. When | 4 | | possible and reasonable, the community service
shall be | 5 | | performed in the minor's neighborhood. This order shall be in
| 6 | | addition to any other order authorized by this Section
except | 7 | | for an order to place the minor in the custody of the | 8 | | Department of
Juvenile Justice. For the purposes of this | 9 | | Section, "organized
gang" has the meaning ascribed to it in | 10 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 11 | | Prevention Act.
| 12 | | (11) If the court determines that the offense was committed | 13 | | in furtherance of the criminal activities of an organized gang, | 14 | | as provided in subsection (10), and that the offense involved | 15 | | the operation or use of a motor vehicle or the use of a | 16 | | driver's license or permit, the court shall notify the | 17 | | Secretary of State of that determination and of the period for | 18 | | which the minor shall be denied driving privileges. If, at the | 19 | | time of the determination, the minor does not hold a driver's | 20 | | license or permit, the court shall provide that the minor shall | 21 | | not be issued a driver's license or permit until his or her | 22 | | 18th birthday. If the minor holds a driver's license or permit | 23 | | at the time of the determination, the court shall provide that | 24 | | the minor's driver's license or permit shall be revoked until | 25 | | his or her 21st birthday, or until a later date or occurrence | 26 | | determined by the court. If the minor holds a driver's license |
| | | SB1844 Enrolled | - 11 - | LRB098 09863 RLC 40021 b |
|
| 1 | | at the time of the determination, the court may direct the | 2 | | Secretary of State to issue the minor a judicial driving | 3 | | permit, also known as a JDP. The JDP shall be subject to the | 4 | | same terms as a JDP issued under Section 6-206.1 of the | 5 | | Illinois Vehicle Code, except that the court may direct that | 6 | | the JDP be effective immediately.
| 7 | | (12) If a minor is found to be guilty of a violation of
| 8 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 9 | | by Minors Act, the
court may, in its discretion, and upon
| 10 | | recommendation by the State's Attorney, order that minor and | 11 | | his or her parents
or legal
guardian to attend a smoker's | 12 | | education or youth diversion program as defined
in that Act if | 13 | | that
program is available in the jurisdiction where the | 14 | | offender resides.
Attendance at a smoker's education or youth | 15 | | diversion program
shall be time-credited against any community | 16 | | service time imposed for any
first violation of subsection | 17 | | (a-7) of Section 1 of that Act. In addition to any
other
| 18 | | penalty
that the court may impose for a violation of subsection | 19 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 20 | | State's Attorney, may in its discretion
require
the offender to | 21 | | remit a fee for his or her attendance at a smoker's
education | 22 | | or
youth diversion program.
| 23 | | For purposes of this Section, "smoker's education program" | 24 | | or "youth
diversion program" includes, but is not limited to, a | 25 | | seminar designed to
educate a person on the physical and | 26 | | psychological effects of smoking tobacco
products and the |
| | | SB1844 Enrolled | - 12 - | LRB098 09863 RLC 40021 b |
|
| 1 | | health consequences of smoking tobacco products that can be
| 2 | | conducted with a locality's youth diversion program.
| 3 | | In addition to any other penalty that the court may impose | 4 | | under this
subsection
(12):
| 5 | | (a) If a minor violates subsection (a-7) of Section 1 | 6 | | of the Prevention of
Tobacco Use by Minors Act, the court | 7 | | may
impose a sentence of 15 hours of
community service or a | 8 | | fine of $25 for a first violation.
| 9 | | (b) A second violation by a minor of subsection (a-7) | 10 | | of Section 1 of that Act
that occurs
within 12 months after | 11 | | the first violation is punishable by a fine of $50 and
25
| 12 | | hours of community service.
| 13 | | (c) A third or subsequent violation by a minor of | 14 | | subsection (a-7) of Section
1 of that Act
that
occurs | 15 | | within 12 months after the first violation is punishable by | 16 | | a $100
fine
and 30 hours of community service.
| 17 | | (d) Any second or subsequent violation not within the | 18 | | 12-month time period
after the first violation is | 19 | | punishable as provided for a first violation.
| 20 | | (Source: P.A. 96-179, eff. 8-10-09; 96-293, eff. 1-1-10; | 21 | | 96-1000, eff. 7-2-10; 97-1150, eff. 1-25-13.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
|
|