Full Text of HB0333 101st General Assembly
HB0333 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0333 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/5-715 | | 705 ILCS 405/5-750 | |
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Amends the Juvenile Court Act of 1987. Provides that if a minor has previously been placed on probation for an offense that involves the use or possession of a firearm, the court may not place the minor on probation for any subsequent offense involving the use or possession of a firearm. Provides that a minor convicted of a subsequent offense involving the use or possession of a firearm shall result in a mandatory sentence of no less than 6 months confinement to the Department of Juvenile Justice with the Department providing services including, but not limited to, education, mental health, drug treatment, and mentoring.
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| | A BILL FOR |
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| 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 Sections 5-715 and 5-750 as follows: | 6 | | (705 ILCS 405/5-715)
| 7 | | Sec. 5-715. Probation.
| 8 | | (1) The period of probation or conditional discharge shall | 9 | | not exceed 5
years or until the minor has attained the age of | 10 | | 21 years, whichever is less,
except as provided in this Section | 11 | | for a minor who is found to be guilty
for an offense which is | 12 | | first degree murder. The juvenile court may terminate probation | 13 | | or
conditional discharge and discharge the minor at any time if | 14 | | warranted by the
conduct of the minor and the ends of justice; | 15 | | provided, however, that the
period of probation for a minor who | 16 | | is found to be guilty for an offense which
is first degree | 17 | | murder shall be at
least 5 years.
| 18 | | (1.5) The period of probation for a minor who is found | 19 | | guilty of aggravated criminal sexual assault, criminal sexual | 20 | | assault, or aggravated battery with a firearm shall be at least | 21 | | 36 months. The period of probation for a minor who is found to | 22 | | be guilty of any other Class X felony shall be at least 24 | 23 | | months. The period of probation for a Class 1 or Class 2 |
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| 1 | | forcible felony shall be at least 18 months. Regardless of the | 2 | | length of probation ordered by the court, for all offenses | 3 | | under this paragraph (1.5), the court shall schedule hearings | 4 | | to determine whether it is in the best interest of the minor | 5 | | and public safety to terminate probation after the minimum | 6 | | period of probation has been served. In such a hearing, there | 7 | | shall be a rebuttable presumption that it is in the best | 8 | | interest of the minor and public safety to terminate probation. | 9 | | (2) The court may as a condition of probation or of | 10 | | conditional discharge
require that the minor:
| 11 | | (a) not violate any criminal statute of any | 12 | | jurisdiction;
| 13 | | (b) make a report to and appear in person before any | 14 | | person or agency as
directed by the court;
| 15 | | (c) work or pursue a course of study or vocational | 16 | | training;
| 17 | | (d) undergo medical or psychiatric treatment, rendered | 18 | | by a psychiatrist
or
psychological treatment rendered by a | 19 | | clinical psychologist or social work
services rendered by a | 20 | | clinical social worker, or treatment for drug addiction
or | 21 | | alcoholism;
| 22 | | (e) attend or reside in a facility established for the | 23 | | instruction or
residence of persons on probation;
| 24 | | (f) support his or her dependents, if any;
| 25 | | (g) refrain from possessing a firearm or other | 26 | | dangerous weapon, or an
automobile;
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| 1 | | (h) permit the probation officer to visit him or her at | 2 | | his or her home or
elsewhere;
| 3 | | (i) reside with his or her parents or in a foster home;
| 4 | | (j) attend school;
| 5 | | (j-5) with the consent of the superintendent
of the
| 6 | | facility,
attend an educational program at a facility other | 7 | | than the school
in which the
offense was committed if he
or | 8 | | she committed a crime of violence as
defined in
Section 2 | 9 | | of the Crime Victims Compensation Act in a school, on the
| 10 | | real
property
comprising a school, or within 1,000 feet of | 11 | | the real property comprising a
school;
| 12 | | (k) attend a non-residential program for youth;
| 13 | | (l) make restitution under the terms of subsection (4) | 14 | | of Section 5-710;
| 15 | | (m) contribute to his or her own support at home or in | 16 | | a foster home;
| 17 | | (n) perform some reasonable public or community | 18 | | service;
| 19 | | (o) participate with community corrections programs | 20 | | including unified
delinquency intervention services | 21 | | administered by the Department of Human
Services
subject to | 22 | | Section 5 of the Children and Family Services Act;
| 23 | | (p) pay costs;
| 24 | | (q) serve a term of home confinement. In addition to | 25 | | any other applicable
condition of probation or conditional | 26 | | discharge, the conditions of home
confinement shall be that |
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| 1 | | the minor:
| 2 | | (i) remain within the interior premises of the | 3 | | place designated for his
or her confinement during the | 4 | | hours designated by the court;
| 5 | | (ii) admit any person or agent designated by the | 6 | | court into the minor's
place of confinement at any time | 7 | | for purposes of verifying the minor's
compliance with | 8 | | the conditions of his or her confinement; and
| 9 | | (iii) use an approved electronic monitoring device | 10 | | if ordered by the
court subject to Article 8A of | 11 | | Chapter V of the Unified Code of Corrections;
| 12 | | (r) refrain from entering into a designated geographic | 13 | | area except upon
terms as the court finds appropriate. The | 14 | | terms may include consideration of
the purpose of the | 15 | | entry, the time of day, other persons accompanying the
| 16 | | minor, and advance approval by a probation officer, if the | 17 | | minor has been
placed on probation, or advance approval by | 18 | | the court, if the minor has been
placed on conditional | 19 | | discharge;
| 20 | | (s) refrain from having any contact, directly or | 21 | | indirectly, with certain
specified persons or particular | 22 | | types of persons, including but not limited to
members of | 23 | | street gangs and drug users or dealers;
| 24 | | (s-5) undergo a medical or other procedure to have a | 25 | | tattoo symbolizing
allegiance to a street
gang removed from | 26 | | his or her body;
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| 1 | | (t) refrain from having in his or her body the presence | 2 | | of any illicit
drug
prohibited by the Cannabis Control Act, | 3 | | the Illinois Controlled Substances
Act, or the | 4 | | Methamphetamine Control and Community Protection Act, | 5 | | unless prescribed
by a physician, and shall submit samples | 6 | | of his or her blood or urine or both
for tests to determine | 7 | | the presence of any illicit drug; or
| 8 | | (u) comply with other conditions as may be ordered by | 9 | | the court.
| 10 | | (3) The court may as a condition of probation or of | 11 | | conditional discharge
require that a minor found guilty on any | 12 | | alcohol, cannabis, methamphetamine, or
controlled substance | 13 | | violation, refrain from acquiring a driver's license
during the | 14 | | period of probation or conditional discharge. If the minor is | 15 | | in
possession of a permit or license, the court may require | 16 | | that the minor refrain
from driving or operating any motor | 17 | | vehicle during the period of probation or
conditional | 18 | | discharge, except as may be necessary in the course of the | 19 | | minor's
lawful
employment.
| 20 | | (3.5) The court shall, as a condition of probation or of | 21 | | conditional
discharge,
require that a minor found to be guilty | 22 | | and placed on probation for reasons
that include a
violation of | 23 | | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | 24 | | or
paragraph
(4) of subsection (a) of Section 21-1 of the
| 25 | | Criminal Code of 2012 undergo medical or psychiatric treatment | 26 | | rendered by a
psychiatrist or psychological treatment rendered |
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| 1 | | by a clinical psychologist.
The
condition may be in addition to | 2 | | any other condition.
| 3 | | (3.10) The court shall order that a minor placed on | 4 | | probation or
conditional discharge for a sex offense as defined | 5 | | in the Sex Offender
Management Board Act undergo and | 6 | | successfully complete sex offender treatment.
The treatment | 7 | | shall be in conformance with the standards developed under
the | 8 | | Sex Offender Management Board Act and conducted by a treatment | 9 | | provider
approved by the Board. The treatment shall be at the | 10 | | expense of the person
evaluated based upon that person's | 11 | | ability to pay for the treatment.
| 12 | | (4) A minor on probation or conditional discharge shall be | 13 | | given a
certificate setting forth the conditions upon which he | 14 | | or she is being
released.
| 15 | | (5) The court shall impose upon a minor placed on probation | 16 | | or conditional
discharge, as a condition of the probation or | 17 | | conditional discharge, a fee of
$50 for each month of probation | 18 | | or conditional discharge supervision ordered by
the court, | 19 | | unless after determining the inability of the minor placed on
| 20 | | probation or conditional discharge to pay the fee, the court | 21 | | assesses a lesser
amount. The court may not impose the fee on a | 22 | | minor who is placed in the guardianship or custody of the | 23 | | Department of Children and Family Services under this Act while | 24 | | the minor is in placement. The fee shall be
imposed only upon a | 25 | | minor who is actively supervised by the probation and court
| 26 | | services department. The court may order the parent, guardian, |
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| 1 | | or legal
custodian of the minor to pay some or all of the fee on | 2 | | the minor's behalf.
| 3 | | (5.5) Jurisdiction over an offender may be transferred from | 4 | | the
sentencing court to the court of another circuit with the | 5 | | concurrence
of both courts. Further transfers or retransfers of | 6 | | jurisdiction are
also authorized in the same manner. The court | 7 | | to which jurisdiction has
been transferred shall have the same | 8 | | powers as the sentencing court.
The probation department within | 9 | | the circuit to which jurisdiction has
been transferred, or | 10 | | which has agreed to provide supervision, may
impose probation | 11 | | fees upon receiving the transferred offender, as
provided in | 12 | | subsection (i) of Section 5-6-3 of the Unified Code of | 13 | | Corrections. For all transfer cases, as defined in
Section 9b | 14 | | of the Probation and Probation Officers Act, the probation
| 15 | | department from the original sentencing court shall retain all
| 16 | | probation fees collected prior to the transfer. After the | 17 | | transfer, all
probation fees shall be paid to the probation | 18 | | department within the
circuit to which jurisdiction has been | 19 | | transferred. | 20 | | If the transfer case originated in another state and has | 21 | | been transferred under the Interstate Compact for Juveniles to | 22 | | the jurisdiction of an Illinois circuit court for supervision | 23 | | by an Illinois probation department, probation fees may be | 24 | | imposed only if permitted by the Interstate Commission for | 25 | | Juveniles. | 26 | | (6) The General Assembly finds that in order to protect the |
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| 1 | | public, the
juvenile justice system must compel compliance with | 2 | | the conditions of probation
by responding to violations with | 3 | | swift, certain, and fair punishments and
intermediate | 4 | | sanctions. The Chief Judge of each circuit shall adopt a system
| 5 | | of structured, intermediate sanctions for violations of the | 6 | | terms and
conditions of a sentence of supervision, probation or | 7 | | conditional discharge,
under this
Act.
| 8 | | The court shall provide as a condition of a disposition of | 9 | | probation,
conditional discharge, or supervision, that the | 10 | | probation agency may invoke any
sanction from the list of | 11 | | intermediate sanctions adopted by the chief judge of
the | 12 | | circuit court for violations of the terms and conditions of the | 13 | | sentence of
probation, conditional discharge, or supervision, | 14 | | subject to the provisions of
Section 5-720 of this Act.
| 15 | | (7) If a minor has previously been placed on probation for | 16 | | an offense that involves the use or possession of a firearm, | 17 | | the court may not place the minor on probation for any | 18 | | subsequent offense involving the use or possession of a | 19 | | firearm. | 20 | | (Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
| 21 | | (705 ILCS 405/5-750)
| 22 | | Sec. 5-750. Commitment to the Department of Juvenile | 23 | | Justice. | 24 | | (1) Except as provided in subsection (2) of this Section, | 25 | | when any
delinquent has been adjudged a ward of the court under |
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| 1 | | this Act, the court may
commit him or her to the Department of | 2 | | Juvenile Justice, if it
finds
that (a) his or her parents, | 3 | | guardian or legal custodian are unfit or are
unable, for
some | 4 | | reason other than financial circumstances alone, to care for, | 5 | | protect,
train , or discipline the minor, or are unwilling to do | 6 | | so,
and the best interests of the minor and
the public will not | 7 | | be served by placement under Section 5-740,
or it is
necessary | 8 | | to ensure the protection of the public from the consequences of
| 9 | | criminal activity of the delinquent; and (b)
commitment to the | 10 | | Department of Juvenile Justice is the least
restrictive | 11 | | alternative based on evidence that efforts were
made to locate | 12 | | less restrictive alternatives to secure
confinement and the | 13 | | reasons why efforts were unsuccessful in
locating a less | 14 | | restrictive alternative to secure confinement. Before the | 15 | | court commits a minor to the Department of Juvenile Justice, it | 16 | | shall make a finding that secure confinement is necessary,
| 17 | | following a review of the following individualized factors: | 18 | | (A) Age of the minor. | 19 | | (B) Criminal background of the minor. | 20 | | (C) Review of results of any assessments of the minor,
| 21 | | including child centered assessments such as the CANS. | 22 | | (D) Educational background of the minor, indicating
| 23 | | whether the minor has ever been assessed for a learning
| 24 | | disability, and if so what services were provided as well | 25 | | as any disciplinary incidents at school. | 26 | | (E) Physical, mental and emotional health of the minor,
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| 1 | | indicating whether the minor has ever been diagnosed with a
| 2 | | health issue and if so what services were provided and | 3 | | whether the minor was compliant with services. | 4 | | (F) Community based services that have been provided to
| 5 | | the minor, and whether the minor was compliant with the | 6 | | services, and the reason the services were unsuccessful. | 7 | | (G) Services within the Department of Juvenile Justice
| 8 | | that will meet the individualized needs of the minor.
| 9 | | (1.5) Before the court commits a minor to the Department of | 10 | | Juvenile Justice, the court must find reasonable efforts have | 11 | | been made to prevent or eliminate the need for the minor to be | 12 | | removed from the home, or reasonable efforts cannot, at this | 13 | | time, for good cause, prevent or eliminate the need for | 14 | | removal, and removal from home is in the best interests of the | 15 | | minor, the minor's family, and the public. | 16 | | (2) When a minor of the age of at least 13 years is | 17 | | adjudged delinquent
for the offense of first degree murder, the | 18 | | court shall declare the minor a
ward of the court and order the | 19 | | minor committed to the Department of
Juvenile Justice until the | 20 | | minor's 21st birthday, without the
possibility of aftercare | 21 | | release, furlough, or non-emergency authorized absence for a
| 22 | | period of 5 years from the date the minor was committed to the | 23 | | Department of
Juvenile Justice, except that the time that a | 24 | | minor spent in custody for the instant
offense before being | 25 | | committed to the Department of Juvenile Justice shall be | 26 | | considered as time
credited towards that 5 year period. Upon |
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| 1 | | release from a Department facility, a minor adjudged delinquent | 2 | | for first degree murder shall be placed on aftercare release | 3 | | until the age of 21, unless sooner discharged from aftercare | 4 | | release or custodianship is otherwise terminated in accordance | 5 | | with this Act or as otherwise provided for by law. Nothing in | 6 | | this subsection (2) shall
preclude the State's Attorney from | 7 | | seeking to prosecute a minor as an adult as
an alternative to | 8 | | proceeding under this Act.
| 9 | | (2.5) A minor convicted of a subsequent offense involving | 10 | | the use or possession of a firearm shall result in a mandatory | 11 | | sentence of no less than 6 months confinement to the Department | 12 | | of Juvenile Justice with the Department providing services | 13 | | including, but not limited to, education, mental health, drug | 14 | | treatment, and mentoring. | 15 | | (3) Except as provided in subsection (2) and (2.5) , the | 16 | | commitment of a
delinquent to the Department of Juvenile | 17 | | Justice shall be for an indeterminate term
which shall | 18 | | automatically terminate upon the delinquent attaining the age | 19 | | of 21
years or upon completion of that period for which an | 20 | | adult could be committed for the same act, whichever occurs | 21 | | sooner, unless the delinquent is sooner discharged from | 22 | | aftercare release or custodianship
is otherwise terminated in | 23 | | accordance with this Act or as otherwise provided
for by law.
| 24 | | (3.5) Every delinquent minor committed to the Department of | 25 | | Juvenile Justice under this Act shall be eligible for aftercare | 26 | | release without regard to the length of time the minor has been |
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| 1 | | confined or whether the minor has served any minimum term | 2 | | imposed. Aftercare release shall be administered by the | 3 | | Department of Juvenile Justice, under the direction of the | 4 | | Director. Unless sooner discharged, the Department of Juvenile | 5 | | Justice shall discharge a minor from aftercare release upon | 6 | | completion of the following aftercare release terms: | 7 | | (a) One and a half years from the date a minor is | 8 | | released from a Department facility, if the minor was | 9 | | committed for a Class X felony; | 10 | | (b) One year from the date a minor is released from a | 11 | | Department facility, if the minor was committed for a Class | 12 | | 1 or 2 felony; and | 13 | | (c) Six months from the date a minor is released from a | 14 | | Department facility, if the minor was committed for a Class | 15 | | 3 felony or lesser offense. | 16 | | (4) When the court commits a minor to the Department of | 17 | | Juvenile Justice, it
shall order him or her conveyed forthwith | 18 | | to the appropriate reception station
or
other place designated | 19 | | by the Department of Juvenile Justice, and shall appoint the
| 20 | | Director of Juvenile Justice legal custodian of the
minor. The | 21 | | clerk of the court shall issue to the
Director of Juvenile | 22 | | Justice a certified copy of the order,
which constitutes proof | 23 | | of the Director's authority. No other process need
issue to
| 24 | | warrant the keeping of the minor.
| 25 | | (5) If a minor is committed to the Department of Juvenile | 26 | | Justice, the clerk of the court shall forward to the |
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| 1 | | Department:
| 2 | | (a) the sentencing order and copies of committing | 3 | | petition;
| 4 | | (b) all reports;
| 5 | | (c) the court's statement of the basis for ordering the | 6 | | disposition;
| 7 | | (d) any sex offender evaluations; | 8 | | (e) any risk assessment or substance abuse treatment | 9 | | eligibility screening and assessment of the minor by an | 10 | | agent designated by the State to provide assessment | 11 | | services for the courts; | 12 | | (f) the number of days, if any, which the minor has | 13 | | been in custody and for which he or she is entitled to | 14 | | credit against the sentence, which information shall be | 15 | | provided to the clerk by the sheriff; | 16 | | (g) any medical or mental health records or summaries | 17 | | of the minor; | 18 | | (h) the municipality where the arrest of the minor | 19 | | occurred, the commission of the offense occurred, and the | 20 | | minor resided at the time of commission; | 21 | | (h-5) a report detailing the minor's criminal history | 22 | | in a manner and form prescribed by the Department of | 23 | | Juvenile Justice; and | 24 | | (i) all additional matters which the court directs the | 25 | | clerk to transmit.
| 26 | | (6) Whenever the Department of Juvenile Justice lawfully |
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| 1 | | discharges from its
custody and
control a minor committed to | 2 | | it, the Director of Juvenile Justice shall petition the court | 3 | | for an order terminating his or her
custodianship. The | 4 | | custodianship shall terminate automatically 30 days after
| 5 | | receipt of the petition unless the court orders otherwise.
| 6 | | (7) If, while on aftercare release, a minor committed to | 7 | | the Department of Juvenile Justice is charged under the | 8 | | criminal laws of this State with an offense that could result | 9 | | in a sentence of imprisonment within the Department of | 10 | | Corrections, the commitment to the Department of Juvenile | 11 | | Justice and all rights and duties created by that commitment | 12 | | are automatically suspended pending final disposition of the | 13 | | criminal charge. If the minor is found guilty of the criminal | 14 | | charge and sentenced to a term of imprisonment in the | 15 | | penitentiary system of the Department of Corrections, the | 16 | | commitment to the Department of Juvenile Justice shall be | 17 | | automatically terminated. If the criminal charge is dismissed, | 18 | | the minor is found not guilty, or the minor completes a | 19 | | criminal sentence other than imprisonment within the | 20 | | Department of Corrections, the previously imposed commitment | 21 | | to the Department of Juvenile Justice and the full aftercare | 22 | | release term shall be automatically reinstated unless | 23 | | custodianship is sooner terminated. Nothing in this subsection | 24 | | (7) shall preclude the court from ordering another sentence | 25 | | under Section 5-710 of this Act or from terminating the | 26 | | Department's custodianship while the commitment to the |
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| 1 | | Department is suspended. | 2 | | (Source: P.A. 99-268, eff. 1-1-16; 100-765, eff. 8-10-18.)
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