Full Text of HB4741 101st General Assembly
HB4741 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4741 Introduced 2/18/2020, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that the court shall (rather than may) grant credit on a sentencing order of detention entered under a
violation of probation or violation of conditional discharge under the Delinquent Minors Article of the Act for time spent in detention before the filing of the
petition
alleging the violation.
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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 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, and | 11 | | 5-815, a minor who is
found
guilty under Section 5-620 may | 12 | | be:
| 13 | | (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;
| 21 | | (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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| 1 | | (iii) required to undergo a substance abuse | 2 | | assessment conducted by a
licensed provider and | 3 | | participate in the indicated clinical level of care;
| 4 | | (iv) on and after January 1, 2015 ( the effective | 5 | | date of Public Act 98-803) this amendatory Act of the | 6 | | 98th General Assembly and before January 1, 2017, | 7 | | placed in the guardianship of the Department of | 8 | | Children and Family
Services, but only if the | 9 | | delinquent minor is under 16 years of age or, pursuant | 10 | | to Article II of this Act, a minor under the age of 18 | 11 | | for whom an independent basis of abuse, neglect, or | 12 | | dependency exists. On and after January 1, 2017, placed | 13 | | in the guardianship of the Department of Children and | 14 | | Family
Services, but only if the delinquent minor is | 15 | | under 15 years of age or, pursuant to Article II of | 16 | | this Act, a minor for whom an independent basis of | 17 | | abuse, neglect, or dependency exists. An independent | 18 | | basis exists when the allegations or adjudication of | 19 | | abuse, neglect, or dependency do not arise from the | 20 | | same facts, incident, or circumstances which give rise | 21 | | to a charge or adjudication of delinquency;
| 22 | | (v) placed in detention for a period not to exceed | 23 | | 30 days, either as
the
exclusive order of disposition | 24 | | or, where appropriate, in conjunction with any
other | 25 | | order of disposition issued under this paragraph, | 26 | | provided that any such
detention shall be in a juvenile |
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| 1 | | detention home and the minor so detained shall
be 10 | 2 | | years of age or older. However, the 30-day limitation | 3 | | may be extended by
further order of the court for a | 4 | | minor under age 15 committed to the Department
of | 5 | | Children and Family Services if the court finds that | 6 | | the minor is a danger
to himself or others. The minor | 7 | | shall be given credit on the sentencing order
of | 8 | | detention for time spent in detention under Sections | 9 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 10 | | result of the offense for which the sentencing order | 11 | | was imposed.
The court shall may grant credit on a | 12 | | sentencing order of detention entered under a
| 13 | | violation of probation or violation of conditional | 14 | | discharge under Section
5-720 of this Article for time | 15 | | spent in detention before the filing of the
petition
| 16 | | alleging the violation. A minor shall not be deprived | 17 | | of credit for time spent
in detention before the filing | 18 | | of a violation of probation or conditional
discharge | 19 | | alleging the same or related act or acts. The | 20 | | limitation that the minor shall only be placed in a | 21 | | juvenile detention home does not apply as follows: | 22 | | Persons 18 years of age and older who have a | 23 | | petition of delinquency filed against them may be | 24 | | confined in an adult detention facility. In making a | 25 | | determination whether to confine a person 18 years of | 26 | | age or older who has a petition of delinquency filed |
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| 1 | | against the person, these factors, among other | 2 | | matters, shall be considered: | 3 | | (A) the age of the person; | 4 | | (B) any previous delinquent or criminal | 5 | | history of the person; | 6 | | (C) any previous abuse or neglect history of | 7 | | the person; | 8 | | (D) any mental health history of the person; | 9 | | and | 10 | | (E) any educational history of the person;
| 11 | | (vi) ordered partially or completely emancipated | 12 | | in accordance with the
provisions of the Emancipation | 13 | | of Minors Act;
| 14 | | (vii) subject to having his or her driver's license | 15 | | or driving
privileges
suspended for such time as | 16 | | determined by the court but only until he or she
| 17 | | attains 18 years of age;
| 18 | | (viii) put on probation or conditional discharge | 19 | | and placed in detention
under Section 3-6039 of the | 20 | | Counties Code for a period not to exceed the period
of | 21 | | incarceration permitted by law for adults found guilty | 22 | | of the same offense
or offenses for which the minor was | 23 | | adjudicated delinquent, and in any event no
longer than | 24 | | upon attainment of age 21; this subdivision (viii) | 25 | | notwithstanding
any contrary provision of the law;
| 26 | | (ix) ordered to undergo a medical or other |
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| 1 | | procedure to have a tattoo
symbolizing allegiance to a | 2 | | street gang removed from his or her body; or | 3 | | (x) placed in electronic monitoring or home | 4 | | detention under Part 7A of this Article.
| 5 | | (b) A minor found to be guilty may be committed to the | 6 | | Department of
Juvenile Justice under Section 5-750 if the | 7 | | minor is at least 13 years and under 20 years of age,
| 8 | | provided that the commitment to the Department of Juvenile | 9 | | Justice shall be made only if the minor was found guilty of | 10 | | a felony offense or first degree murder. The court shall | 11 | | include in the sentencing order any pre-custody credits the | 12 | | minor is entitled to under Section 5-4.5-100 of the Unified | 13 | | Code of Corrections. The time during which a minor is in | 14 | | custody before being released
upon the request of a parent, | 15 | | guardian or legal custodian shall also be considered
as | 16 | | time spent in custody.
| 17 | | (c) When a minor is found to be guilty for an offense | 18 | | which is a violation
of the Illinois Controlled Substances | 19 | | Act, the Cannabis Control Act, or the Methamphetamine | 20 | | Control and Community Protection Act and made
a ward of the | 21 | | court, the court may enter a disposition order requiring | 22 | | the
minor to undergo assessment,
counseling or treatment in | 23 | | a substance use disorder treatment program approved by the | 24 | | Department
of Human Services.
| 25 | | (2) Any sentencing order other than commitment to the | 26 | | Department of
Juvenile Justice may provide for protective |
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| 1 | | supervision under
Section 5-725 and may include an order of | 2 | | protection under Section 5-730.
| 3 | | (3) Unless the sentencing order expressly so provides, it | 4 | | does not operate
to close proceedings on the pending petition, | 5 | | but is subject to modification
until final closing and | 6 | | discharge of the proceedings under Section 5-750.
| 7 | | (4) In addition to any other sentence, the court may order | 8 | | any
minor
found to be delinquent to make restitution, in | 9 | | monetary or non-monetary form,
under the terms and conditions | 10 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 11 | | that the "presentencing hearing" referred to in that
Section
| 12 | | shall be
the sentencing hearing for purposes of this Section. | 13 | | The parent, guardian or
legal custodian of the minor may be | 14 | | ordered by the court to pay some or all of
the restitution on | 15 | | the minor's behalf, pursuant to the Parental Responsibility
| 16 | | Law. The State's Attorney is authorized to act
on behalf of any | 17 | | victim in seeking restitution in proceedings under this
| 18 | | Section, up to the maximum amount allowed in Section 5 of the | 19 | | Parental
Responsibility Law.
| 20 | | (5) Any sentencing order where the minor is committed or | 21 | | placed in
accordance
with Section 5-740 shall provide for the | 22 | | parents or guardian of the estate of
the minor to pay to the | 23 | | legal custodian or guardian of the person of the minor
such | 24 | | sums as are determined by the custodian or guardian of the | 25 | | person of the
minor as necessary for the minor's needs. The | 26 | | payments may not exceed the
maximum amounts provided for by |
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| 1 | | Section 9.1 of the Children and Family Services
Act.
| 2 | | (6) Whenever the sentencing order requires the minor to | 3 | | attend school or
participate in a program of training, the | 4 | | truant officer or designated school
official shall regularly | 5 | | report to the court if the minor is a chronic or
habitual | 6 | | truant under Section 26-2a of the School Code. Notwithstanding | 7 | | any other provision of this Act, in instances in which | 8 | | educational services are to be provided to a minor in a | 9 | | residential facility where the minor has been placed by the | 10 | | court, costs incurred in the provision of those educational | 11 | | services must be allocated based on the requirements of the | 12 | | School Code.
| 13 | | (7) In no event shall a guilty minor be committed to the | 14 | | Department of
Juvenile Justice for a period of time in
excess | 15 | | of
that period for which an adult could be committed for the | 16 | | same act. The court shall include in the sentencing order a | 17 | | limitation on the period of confinement not to exceed the | 18 | | maximum period of imprisonment the court could impose under | 19 | | Chapter V 5 of the Unified Code of Corrections.
| 20 | | (7.5) In no event shall a guilty minor be committed to the | 21 | | Department of Juvenile Justice or placed in detention when the | 22 | | act for which the minor was adjudicated delinquent would not be | 23 | | illegal if committed by an adult. | 24 | | (7.6) In no event shall a guilty minor be committed to the | 25 | | Department of Juvenile Justice for an offense which is a Class | 26 | | 4 felony under Section 19-4 (criminal trespass to a residence), |
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| 1 | | 21-1 (criminal damage to property), 21-1.01 (criminal damage to | 2 | | government supported property), 21-1.3 (criminal defacement of | 3 | | property), 26-1 (disorderly conduct), or 31-4 (obstructing | 4 | | justice) of the Criminal Code of 2012. | 5 | | (7.75) In no event shall a guilty minor be committed to the | 6 | | Department of Juvenile Justice for an offense that is a Class 3 | 7 | | or Class 4 felony violation of the Illinois Controlled | 8 | | Substances Act unless the commitment occurs upon a third or | 9 | | subsequent judicial finding of a violation of probation for | 10 | | substantial noncompliance with court-ordered treatment or | 11 | | programming. | 12 | | (8) A minor found to be guilty for reasons that include a | 13 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012 shall be ordered to perform
community | 15 | | service for not less than 30 and not more than 120 hours, if
| 16 | | community service is available in the jurisdiction. The | 17 | | community service
shall include, but need not be limited to, | 18 | | the cleanup and repair of the damage
that was caused by the | 19 | | violation or similar damage to property located in the
| 20 | | municipality or county in which the violation occurred. The | 21 | | order may be in
addition to any other order authorized by this | 22 | | Section.
| 23 | | (8.5) A minor found to be guilty for reasons that include a | 24 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 25 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 26 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of |
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| 1 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 2 | | shall be ordered to undergo medical or psychiatric treatment | 3 | | rendered by
a
psychiatrist or psychological treatment rendered | 4 | | by a clinical psychologist.
The order
may be in addition to any | 5 | | other order authorized by this Section.
| 6 | | (9) In addition to any other sentencing order, the court | 7 | | shall order any
minor found
to be guilty for an act which would | 8 | | constitute, predatory criminal sexual
assault of a child, | 9 | | aggravated criminal sexual assault, criminal sexual
assault, | 10 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 11 | | committed by an
adult to undergo medical testing to determine | 12 | | whether the defendant has any
sexually transmissible disease | 13 | | including a test for infection with human
immunodeficiency | 14 | | virus (HIV) or any other identified causative agency of
| 15 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 16 | | shall be performed
only by appropriately licensed medical | 17 | | practitioners and may include an
analysis of any bodily fluids | 18 | | as well as an examination of the minor's person.
Except as | 19 | | otherwise provided by law, the results of the test shall be | 20 | | kept
strictly confidential by all medical personnel involved in | 21 | | the testing and must
be personally delivered in a sealed | 22 | | envelope to the judge of the court in which
the sentencing | 23 | | order was entered for the judge's inspection in camera. Acting
| 24 | | in accordance with the best interests of the victim and the | 25 | | public, the judge
shall have the discretion to determine to | 26 | | whom the results of the testing may
be revealed. The court |
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| 1 | | shall notify the minor of the results of the test for
infection | 2 | | with the human immunodeficiency virus (HIV). The court shall | 3 | | also
notify the victim if requested by the victim, and if the | 4 | | victim is under the
age of 15 and if requested by the victim's | 5 | | parents or legal guardian, the court
shall notify the victim's | 6 | | parents or the legal guardian, of the results of the
test for | 7 | | infection with the human immunodeficiency virus (HIV). The | 8 | | court
shall provide information on the availability of HIV | 9 | | testing and counseling at
the Department of Public Health | 10 | | facilities to all parties to whom the
results of the testing | 11 | | are revealed. The court shall order that the cost of
any test | 12 | | shall be paid by the county and may be taxed as costs against | 13 | | the
minor.
| 14 | | (10) When a court finds a minor to be guilty the court | 15 | | shall, before
entering a sentencing order under this Section, | 16 | | make a finding whether the
offense committed either: (a) was | 17 | | related to or in furtherance of the criminal
activities of an | 18 | | organized gang or was motivated by the minor's membership in
or | 19 | | allegiance to an organized gang, or (b) involved a violation of
| 20 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 21 | | or the Criminal Code of 2012, a violation of
any
Section of | 22 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 23 | | 2012, or a violation of any
statute that involved the wrongful | 24 | | use of a firearm. If the court determines
the question in the | 25 | | affirmative,
and the court does not commit the minor to the | 26 | | Department of Juvenile Justice, the court shall order the minor |
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| 1 | | to perform community service
for not less than 30 hours nor | 2 | | more than 120 hours, provided that community
service is | 3 | | available in the jurisdiction and is funded and approved by the
| 4 | | county board of the county where the offense was committed. The | 5 | | community
service shall include, but need not be limited to, | 6 | | the cleanup and repair of
any damage caused by a violation of | 7 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 8 | | Code of 2012
and similar damage to property located in the | 9 | | municipality or county in which
the violation occurred. When | 10 | | possible and reasonable, the community service
shall be | 11 | | performed in the minor's neighborhood. This order shall be in
| 12 | | addition to any other order authorized by this Section
except | 13 | | for an order to place the minor in the custody of the | 14 | | Department of
Juvenile Justice. For the purposes of this | 15 | | Section, "organized
gang" has the meaning ascribed to it in | 16 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 17 | | Prevention Act.
| 18 | | (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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| 1 | | 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.
| 13 | | (12) (Blank).
| 14 | | (Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; | 15 | | 100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff. 7-12-19; | 16 | | 101-159, eff. 1-1-20; revised 8-8-19.)
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