Full Text of HB1796 99th General Assembly
HB1796ham001 99TH GENERAL ASSEMBLY | Rep. Norine Hammond Filed: 4/14/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1796
| 2 | | AMENDMENT NO. ______. Amend House Bill 1796 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 5-705 and 5-710 as follows:
| 6 | | (705 ILCS 405/5-705)
| 7 | | Sec. 5-705. Sentencing hearing; evidence; continuance.
| 8 | | (1) At the sentencing hearing, the court shall determine | 9 | | whether it is in
the best interests of the minor or the public | 10 | | that he or she be made a ward of
the
court, and, if he or she is | 11 | | to be made a ward of the court, the court shall
determine
the | 12 | | proper disposition best serving the interests of the minor and | 13 | | the public.
All evidence helpful in determining these | 14 | | questions,
including oral and written reports, may be admitted | 15 | | and may be relied upon to
the extent of its probative value, | 16 | | even though not competent for the purposes
of the trial. A |
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| 1 | | record of a prior continuance under supervision
under Section | 2 | | 5-615, whether successfully completed or not, is admissible at
| 3 | | the
sentencing hearing. No order of commitment to the | 4 | | Department of Juvenile Justice shall be entered against a minor | 5 | | before a written report of
social investigation, which has been | 6 | | completed within the previous 60 days, is
presented to and | 7 | | considered by the court.
| 8 | | (2) Once a party has been served in compliance with Section | 9 | | 5-525, no
further service or notice must be given to that party | 10 | | prior to proceeding to a
sentencing hearing. Before
imposing | 11 | | sentence the court shall advise the State's Attorney and
the | 12 | | parties who are present or their counsel of the factual | 13 | | contents and the
conclusions of the reports prepared for the | 14 | | use of the court and considered by
it, and afford fair | 15 | | opportunity, if requested, to controvert them. Factual
| 16 | | contents, conclusions, documents and sources disclosed by the | 17 | | court under this
paragraph shall not be further disclosed | 18 | | without the express approval of the
court.
| 19 | | (3) On its own motion or that of the State's Attorney, a | 20 | | parent, guardian,
legal custodian, or counsel, the court may | 21 | | adjourn the hearing for a reasonable
period to receive reports | 22 | | or other evidence and, in such event, shall make an
appropriate | 23 | | order for detention of
the minor or his or her release from | 24 | | detention subject to supervision by the
court
during the period | 25 | | of the continuance. In the event the court shall order
| 26 | | detention hereunder, the period of the continuance shall not |
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| 1 | | exceed 30 court
days. At the end of such time, the court shall | 2 | | release the minor from
detention unless notice is served at | 3 | | least 3 days prior to the hearing on the
continued date that | 4 | | the State will be seeking an extension of the period of
| 5 | | detention, which notice shall state the reason for the request | 6 | | for the
extension. The extension of detention may be for a | 7 | | maximum period of an
additional 15 court days or a lesser | 8 | | number of days at the discretion of the
court. However, at the | 9 | | expiration of the period of extension, the court shall
release | 10 | | the minor from detention if a further continuance is granted. | 11 | | In
scheduling
investigations and hearings, the court shall give | 12 | | priority to proceedings in
which a minor is in detention or has | 13 | | otherwise been removed from his or her
home
before a sentencing | 14 | | order has been made.
| 15 | | (4) When commitment to the Department of Juvenile Justice | 16 | | or placement in detention is
ordered, the court shall state the | 17 | | basis for selecting the particular
disposition, and the court | 18 | | shall prepare such a statement for inclusion in the
record.
| 19 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 20 | | (705 ILCS 405/5-710)
| 21 | | Sec. 5-710. Kinds of sentencing orders.
| 22 | | (1) The following kinds of sentencing orders may be made in | 23 | | respect of
wards of the court:
| 24 | | (a) Except as provided in Sections 5-805, 5-810, 5-815, | 25 | | a minor who is
found
guilty under Section 5-620 may be:
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| 1 | | (i) put on probation or conditional discharge and | 2 | | released to his or her
parents, guardian or legal | 3 | | custodian, provided, however, that any such minor
who | 4 | | is not committed to the Department of Juvenile Justice | 5 | | under
this subsection and who is found to be a | 6 | | delinquent for an offense which is
first degree murder, | 7 | | a Class X felony, or a forcible felony shall be placed | 8 | | on
probation;
| 9 | | (ii) placed in accordance with Section 5-740, with | 10 | | or without also being
put on probation or conditional | 11 | | discharge;
| 12 | | (iii) required to undergo a substance abuse | 13 | | assessment conducted by a
licensed provider and | 14 | | participate in the indicated clinical level of care;
| 15 | | (iv) on and after the effective date of this | 16 | | amendatory Act of the 98th General Assembly and before | 17 | | January 1, 2017, placed in the guardianship of the | 18 | | Department of Children and Family
Services, but only if | 19 | | the delinquent minor is under 16 years of age or, | 20 | | pursuant to Article II of this Act, a minor for whom an | 21 | | independent basis of abuse, neglect, or dependency | 22 | | exists. On and after January 1, 2017, placed in the | 23 | | guardianship of the Department of Children and Family
| 24 | | Services, but only if the delinquent minor is under 15 | 25 | | years of age or, pursuant to Article II of this Act, a | 26 | | minor for whom an independent basis of abuse, neglect, |
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| 1 | | or dependency exists. An independent basis exists when | 2 | | the allegations or adjudication of abuse, neglect, or | 3 | | dependency do not arise from the same facts, incident, | 4 | | or circumstances which give rise to a charge or | 5 | | adjudication of delinquency;
| 6 | | (v) placed in detention for a period not to exceed | 7 | | the lesser of 6 months or the period of incarceration | 8 | | permitted by law for adults found guilty of the same | 9 | | offense or offenses for which the minor was adjudicated | 10 | | delinquent 30 days , either as
the
exclusive order of | 11 | | disposition or, where appropriate, in conjunction with | 12 | | any
other order of disposition issued under this | 13 | | paragraph, provided that any such
detention shall be in | 14 | | a juvenile detention home and the minor so detained | 15 | | shall
be 10 years of age or older. However, the | 16 | | detention 30-day limitation may be extended by
further | 17 | | order of the court for a minor under age 15 committed | 18 | | to the Department
of Children and Family Services if | 19 | | the court finds that the minor is a danger
to himself | 20 | | or others. The minor shall be given credit on the | 21 | | sentencing order
of detention for time spent in | 22 | | detention under Sections 5-501, 5-601, 5-710, or
5-720 | 23 | | of this
Article as a result of the offense for which | 24 | | the sentencing order was imposed.
The court may grant | 25 | | credit on a sentencing order of detention entered under | 26 | | a
violation of probation or violation of conditional |
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| 1 | | discharge under Section
5-720 of this Article for time | 2 | | spent in detention before the filing of the
petition
| 3 | | alleging the violation. A minor shall not be deprived | 4 | | of credit for time spent
in detention before the filing | 5 | | of a violation of probation or conditional
discharge | 6 | | alleging the same or related act or acts. The | 7 | | limitation that the minor shall only be placed in a | 8 | | juvenile detention home does not apply as follows: | 9 | | Persons 18 years of age and older who have a | 10 | | petition of delinquency filed against them may be | 11 | | confined in an adult detention facility. In making a | 12 | | determination whether to confine a person 18 years of | 13 | | age or older who has a petition of delinquency filed | 14 | | against the person, these factors, among other | 15 | | matters, shall be considered: | 16 | | (A) the age of the person; | 17 | | (B) any previous delinquent or criminal | 18 | | history of the person; | 19 | | (C) any previous abuse or neglect history of | 20 | | the person; | 21 | | (D) any mental health history of the person; | 22 | | and | 23 | | (E) any educational history of the person;
| 24 | | (vi) ordered partially or completely emancipated | 25 | | in accordance with the
provisions of the Emancipation | 26 | | of Minors Act;
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| 1 | | (vii) subject to having his or her driver's license | 2 | | or driving
privileges
suspended for such time as | 3 | | determined by the court but only until he or she
| 4 | | attains 18 years of age;
| 5 | | (viii) put on probation or conditional discharge | 6 | | and placed in detention
under Section 3-6039 of the | 7 | | Counties Code for a period not to exceed the period
of | 8 | | incarceration permitted by law for adults found guilty | 9 | | of the same offense
or offenses for which the minor was | 10 | | adjudicated delinquent, and in any event no
longer than | 11 | | upon attainment of age 21; this subdivision (viii) | 12 | | notwithstanding
any contrary provision of the law;
| 13 | | (ix) ordered to undergo a medical or other | 14 | | procedure to have a tattoo
symbolizing allegiance to a | 15 | | street gang removed from his or her body; or | 16 | | (x) placed in electronic home detention under Part | 17 | | 7A of this Article.
| 18 | | (b) A minor found to be guilty may be committed to the | 19 | | Department of
Juvenile Justice under Section 5-750 if the | 20 | | minor is 13 years of age or
older,
provided that the | 21 | | commitment to the Department of Juvenile Justice shall be | 22 | | made only if a term of incarceration is permitted by law | 23 | | for
adults found guilty of the offense for which the minor | 24 | | was adjudicated
delinquent. The time during which a minor | 25 | | is in custody before being released
upon the request of a | 26 | | parent, guardian or legal custodian shall be considered
as |
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| 1 | | time spent in detention.
| 2 | | (c) When a minor is found to be guilty for an offense | 3 | | which is a violation
of the Illinois Controlled Substances | 4 | | Act, the Cannabis Control Act, or the Methamphetamine | 5 | | Control and Community Protection Act and made
a ward of the | 6 | | court, the court may enter a disposition order requiring | 7 | | the
minor to undergo assessment,
counseling or treatment in | 8 | | a substance abuse program approved by the Department
of | 9 | | Human Services.
| 10 | | (2) Any sentencing order other than commitment to the | 11 | | Department of
Juvenile Justice may provide for protective | 12 | | supervision under
Section 5-725 and may include an order of | 13 | | protection under Section 5-730.
| 14 | | (3) Unless the sentencing order expressly so provides, it | 15 | | does not operate
to close proceedings on the pending petition, | 16 | | but is subject to modification
until final closing and | 17 | | discharge of the proceedings under Section 5-750.
| 18 | | (4) In addition to any other sentence, the court may order | 19 | | any
minor
found to be delinquent to make restitution, in | 20 | | monetary or non-monetary form,
under the terms and conditions | 21 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 22 | | that the "presentencing hearing" referred to in that
Section
| 23 | | shall be
the sentencing hearing for purposes of this Section. | 24 | | The parent, guardian or
legal custodian of the minor may be | 25 | | ordered by the court to pay some or all of
the restitution on | 26 | | the minor's behalf, pursuant to the Parental Responsibility
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| 1 | | Law. The State's Attorney is authorized to act
on behalf of any | 2 | | victim in seeking restitution in proceedings under this
| 3 | | Section, up to the maximum amount allowed in Section 5 of the | 4 | | Parental
Responsibility Law.
| 5 | | (5) Any sentencing order where the minor is committed or | 6 | | placed in
accordance
with Section 5-740 shall provide for the | 7 | | parents or guardian of the estate of
the minor to pay to the | 8 | | legal custodian or guardian of the person of the minor
such | 9 | | sums as are determined by the custodian or guardian of the | 10 | | person of the
minor as necessary for the minor's needs. The | 11 | | payments may not exceed the
maximum amounts provided for by | 12 | | Section 9.1 of the Children and Family Services
Act.
| 13 | | (6) Whenever the sentencing order requires the minor to | 14 | | attend school or
participate in a program of training, the | 15 | | truant officer or designated school
official shall regularly | 16 | | report to the court if the minor is a chronic or
habitual | 17 | | truant under Section 26-2a of the School Code. Notwithstanding | 18 | | any other provision of this Act, in instances in which | 19 | | educational services are to be provided to a minor in a | 20 | | residential facility where the minor has been placed by the | 21 | | court, costs incurred in the provision of those educational | 22 | | services must be allocated based on the requirements of the | 23 | | School Code.
| 24 | | (7) In no event shall a guilty minor be committed to the | 25 | | Department of
Juvenile Justice for a period of time in
excess | 26 | | of
that period for which an adult could be committed for the |
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| 1 | | same act.
| 2 | | (8) A minor found to be guilty for reasons that include a | 3 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012 shall be ordered to perform
community | 5 | | service for not less than 30 and not more than 120 hours, if
| 6 | | community service is available in the jurisdiction. The | 7 | | community service
shall include, but need not be limited to, | 8 | | the cleanup and repair of the damage
that was caused by the | 9 | | violation or similar damage to property located in the
| 10 | | municipality or county in which the violation occurred. The | 11 | | order may be in
addition to any other order authorized by this | 12 | | Section.
| 13 | | (8.5) A minor found to be guilty for reasons that include a | 14 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 15 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 16 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 17 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 18 | | shall be ordered to undergo medical or psychiatric treatment | 19 | | rendered by
a
psychiatrist or psychological treatment rendered | 20 | | by a clinical psychologist.
The order
may be in addition to any | 21 | | other order authorized by this Section.
| 22 | | (9) In addition to any other sentencing order, the court | 23 | | shall order any
minor found
to be guilty for an act which would | 24 | | constitute, predatory criminal sexual
assault of a child, | 25 | | aggravated criminal sexual assault, criminal sexual
assault, | 26 | | aggravated criminal sexual abuse, or criminal sexual abuse if
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| 1 | | committed by an
adult to undergo medical testing to determine | 2 | | whether the defendant has any
sexually transmissible disease | 3 | | including a test for infection with human
immunodeficiency | 4 | | virus (HIV) or any other identified causative agency of
| 5 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 6 | | shall be performed
only by appropriately licensed medical | 7 | | practitioners and may include an
analysis of any bodily fluids | 8 | | as well as an examination of the minor's person.
Except as | 9 | | otherwise provided by law, the results of the test shall be | 10 | | kept
strictly confidential by all medical personnel involved in | 11 | | the testing and must
be personally delivered in a sealed | 12 | | envelope to the judge of the court in which
the sentencing | 13 | | order was entered for the judge's inspection in camera. Acting
| 14 | | in accordance with the best interests of the victim and the | 15 | | public, the judge
shall have the discretion to determine to | 16 | | whom the results of the testing may
be revealed. The court | 17 | | shall notify the minor of the results of the test for
infection | 18 | | with the human immunodeficiency virus (HIV). The court shall | 19 | | also
notify the victim if requested by the victim, and if the | 20 | | victim is under the
age of 15 and if requested by the victim's | 21 | | parents or legal guardian, the court
shall notify the victim's | 22 | | parents or the legal guardian, of the results of the
test for | 23 | | infection with the human immunodeficiency virus (HIV). The | 24 | | court
shall provide information on the availability of HIV | 25 | | testing and counseling at
the Department of Public Health | 26 | | facilities to all parties to whom the
results of the testing |
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| 1 | | are revealed. The court shall order that the cost of
any test | 2 | | shall be paid by the county and may be taxed as costs against | 3 | | the
minor.
| 4 | | (10) When a court finds a minor to be guilty the court | 5 | | shall, before
entering a sentencing order under this Section, | 6 | | make a finding whether the
offense committed either: (a) was | 7 | | related to or in furtherance of the criminal
activities of an | 8 | | organized gang or was motivated by the minor's membership in
or | 9 | | allegiance to an organized gang, or (b) involved a violation of
| 10 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 11 | | or the Criminal Code of 2012, a violation of
any
Section of | 12 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 13 | | 2012, or a violation of any
statute that involved the wrongful | 14 | | use of a firearm. If the court determines
the question in the | 15 | | affirmative,
and the court does not commit the minor to the | 16 | | Department of Juvenile Justice, the court shall order the minor | 17 | | to perform community service
for not less than 30 hours nor | 18 | | more than 120 hours, provided that community
service is | 19 | | available in the jurisdiction and is funded and approved by the
| 20 | | county board of the county where the offense was committed. The | 21 | | community
service shall include, but need not be limited to, | 22 | | the cleanup and repair of
any damage caused by a violation of | 23 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 24 | | Code of 2012
and similar damage to property located in the | 25 | | municipality or county in which
the violation occurred. When | 26 | | possible and reasonable, the community service
shall be |
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| 1 | | performed in the minor's neighborhood. This order shall be in
| 2 | | addition to any other order authorized by this Section
except | 3 | | for an order to place the minor in the custody of the | 4 | | Department of
Juvenile Justice. For the purposes of this | 5 | | Section, "organized
gang" has the meaning ascribed to it in | 6 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 7 | | Prevention Act.
| 8 | | (11) If the court determines that the offense was committed | 9 | | in furtherance of the criminal activities of an organized gang, | 10 | | as provided in subsection (10), and that the offense involved | 11 | | the operation or use of a motor vehicle or the use of a | 12 | | driver's license or permit, the court shall notify the | 13 | | Secretary of State of that determination and of the period for | 14 | | which the minor shall be denied driving privileges. If, at the | 15 | | time of the determination, the minor does not hold a driver's | 16 | | license or permit, the court shall provide that the minor shall | 17 | | not be issued a driver's license or permit until his or her | 18 | | 18th birthday. If the minor holds a driver's license or permit | 19 | | at the time of the determination, the court shall provide that | 20 | | the minor's driver's license or permit shall be revoked until | 21 | | his or her 21st birthday, or until a later date or occurrence | 22 | | determined by the court. If the minor holds a driver's license | 23 | | at the time of the determination, the court may direct the | 24 | | Secretary of State to issue the minor a judicial driving | 25 | | permit, also known as a JDP. The JDP shall be subject to the | 26 | | same terms as a JDP issued under Section 6-206.1 of the |
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| 1 | | Illinois Vehicle Code, except that the court may direct that | 2 | | the JDP be effective immediately.
| 3 | | (12) If a minor is found to be guilty of a violation of
| 4 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 5 | | by Minors Act, the
court may, in its discretion, and upon
| 6 | | recommendation by the State's Attorney, order that minor and | 7 | | his or her parents
or legal
guardian to attend a smoker's | 8 | | education or youth diversion program as defined
in that Act if | 9 | | that
program is available in the jurisdiction where the | 10 | | offender resides.
Attendance at a smoker's education or youth | 11 | | diversion program
shall be time-credited against any community | 12 | | service time imposed for any
first violation of subsection | 13 | | (a-7) of Section 1 of that Act. In addition to any
other
| 14 | | penalty
that the court may impose for a violation of subsection | 15 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 16 | | State's Attorney, may in its discretion
require
the offender to | 17 | | remit a fee for his or her attendance at a smoker's
education | 18 | | or
youth diversion program.
| 19 | | For purposes of this Section, "smoker's education program" | 20 | | or "youth
diversion program" includes, but is not limited to, a | 21 | | seminar designed to
educate a person on the physical and | 22 | | psychological effects of smoking tobacco
products and the | 23 | | health consequences of smoking tobacco products that can be
| 24 | | conducted with a locality's youth diversion program.
| 25 | | In addition to any other penalty that the court may impose | 26 | | under this
subsection
(12):
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| 1 | | (a) If a minor violates subsection (a-7) of Section 1 | 2 | | of the Prevention of
Tobacco Use by Minors Act, the court | 3 | | may
impose a sentence of 15 hours of
community service or a | 4 | | fine of $25 for a first violation.
| 5 | | (b) A second violation by a minor of subsection (a-7) | 6 | | of Section 1 of that Act
that occurs
within 12 months after | 7 | | the first violation is punishable by a fine of $50 and
25
| 8 | | hours of community service.
| 9 | | (c) A third or subsequent violation by a minor of | 10 | | subsection (a-7) of Section
1 of that Act
that
occurs | 11 | | within 12 months after the first violation is punishable by | 12 | | a $100
fine
and 30 hours of community service.
| 13 | | (d) Any second or subsequent violation not within the | 14 | | 12-month time period
after the first violation is | 15 | | punishable as provided for a first violation.
| 16 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13; | 17 | | 98-803, eff. 1-1-15 .)".
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