Full Text of HB3767 102nd General Assembly
HB3767eng 102ND GENERAL ASSEMBLY |
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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 Children and Family Services Act is amended | 5 | | by changing Section 17a-9 as follows: | 6 | | (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9) | 7 | | Sec. 17a-9. Illinois Juvenile Justice Commission. | 8 | | (a) There is hereby created
the Illinois Juvenile Justice | 9 | | Commission which shall consist of 25 persons
appointed by the | 10 | | Governor.
The Chairperson of the Commission shall be appointed | 11 | | by the Governor. Of
the initial appointees, 8 shall serve a | 12 | | one-year term, 8 shall serve a two-year
term and 9 shall serve | 13 | | a three-year term. Thereafter, each successor
shall serve a | 14 | | three-year term. Vacancies shall be filled in the same manner
| 15 | | as original appointments. Once appointed, members shall serve | 16 | | until their
successors are appointed and qualified. Members | 17 | | shall serve without
compensation,
except they shall be | 18 | | reimbursed for their actual expenses in the performance
of | 19 | | their duties.
The Commission shall carry out the rights, | 20 | | powers and duties established
in subparagraph (3) of paragraph | 21 | | (a) of Section 223 of the Federal "Juvenile
Justice and | 22 | | Delinquency Prevention Act of 1974", as now or hereafter | 23 | | amended.
The Commission shall determine the priorities for |
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| 1 | | expenditure of funds made
available to the State by the | 2 | | Federal Government pursuant to that Act.
The Commission shall | 3 | | have the following powers and duties: | 4 | | (1) Development, review and final approval of the | 5 | | State's juvenile justice
plan for funds under the Federal | 6 | | "Juvenile Justice and Delinquency Prevention
Act of 1974"; | 7 | | (2) Review and approve or disapprove juvenile justice | 8 | | and delinquency
prevention grant applications to the | 9 | | Department for federal funds under that Act; | 10 | | (3) Annual submission of recommendations to the | 11 | | Governor and the General
Assembly concerning matters | 12 | | relative to its function; | 13 | | (4) Responsibility for the review of funds allocated | 14 | | to Illinois under
the "Juvenile Justice and Delinquency | 15 | | Prevention Act of 1974" to ensure
compliance with all | 16 | | relevant federal laws and regulations; | 17 | | (5) Function as the advisory committee for the State
| 18 | | Youth and Community Services Program as authorized under | 19 | | Section 17 of this
Act, and in that capacity be authorized | 20 | | and empowered to assist and advise the
Secretary of Human | 21 | | Services on matters related to juvenile
justice and | 22 | | delinquency prevention programs and services; and | 23 | | (5.5) Study and make recommendations to the General | 24 | | Assembly regarding the availability of youth services to | 25 | | reduce the use of detention and prevent deeper criminal | 26 | | involvement; and |
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| 1 | | (6) Study the impact of, develop timelines, and | 2 | | propose a funding structure to accommodate the expansion | 3 | | of the jurisdiction of the Illinois Juvenile Court to | 4 | | include youth age 17 under the jurisdiction of the | 5 | | Juvenile Court Act of 1987. The Commission shall submit a | 6 | | report by December 31, 2011 to the General Assembly with | 7 | | recommendations on extending juvenile court jurisdiction | 8 | | to youth age 17 charged with felony offenses. | 9 | | (b) On the effective date of this amendatory Act of the | 10 | | 96th General Assembly, the Illinois Juvenile Jurisdiction Task | 11 | | Force created by Public Act 95-1031 is abolished and its | 12 | | duties are transferred to the Illinois Juvenile Justice | 13 | | Commission as provided in paragraph (6) of subsection (a) of | 14 | | this Section. | 15 | | (Source: P.A. 96-1199, eff. 1-1-11.) | 16 | | Section 10. The Juvenile Court Act of 1987 is amended by | 17 | | changing Sections 5-410, 5-710, and 5-720 as follows:
| 18 | | (705 ILCS 405/5-410)
| 19 | | Sec. 5-410. Non-secure custody or detention.
| 20 | | (1) Placement of a minor away from his or her home must be | 21 | | the last resort and be the least restrictive alternative | 22 | | available. Any minor arrested or taken into custody pursuant | 23 | | to this Act who
requires care away from his or her home but who | 24 | | does not require physical
restriction shall be given temporary |
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| 1 | | care in a foster family home or other
shelter facility | 2 | | designated by the court.
| 3 | | (2) (a) On and after July 1, 2021, except for paragraphs | 4 | | (a-1) and (a-2) of this subsection (2), any minor 13 years of | 5 | | age or older arrested under this Act where there is probable | 6 | | cause to believe that the minor is a delinquent minor and that | 7 | | secure custody is a matter of immediate and urgent necessity | 8 | | in light of a serious threat to the physical safety of a person | 9 | | or persons in the community or to secure the presence of the | 10 | | minor at the next hearing, as evidenced by a demonstrable | 11 | | record of willful failure to appear at a scheduled court | 12 | | hearing within the last 12 months, may be kept or detained in | 13 | | an authorized detention facility. Any minor 10 years of age or | 14 | | older arrested
pursuant to this Act where there is probable | 15 | | cause to believe that the minor
is a delinquent minor and that
| 16 | | (i) secure custody is a matter of immediate and urgent | 17 | | necessity for the
protection of the minor or of the person or | 18 | | property of another, (ii) the minor
is likely to flee the | 19 | | jurisdiction of the court, or (iii) the minor was taken
into | 20 | | custody under a warrant, may be kept or detained in an | 21 | | authorized
detention facility. A minor under 13 years of age | 22 | | shall not be admitted, kept, or detained in a detention | 23 | | facility unless a local youth service provider, including a | 24 | | provider through the Comprehensive Community Based Youth | 25 | | Services network, has been contacted and has not been able to | 26 | | accept the minor. No minor under 12 years of age shall be |
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| 1 | | detained in a
county jail or a municipal lockup for more than 6 | 2 | | hours.
| 3 | | (a-1) Until July 1, 2022, any minor 11 years of age or | 4 | | older arrested under this Act where there is probable cause to | 5 | | believe that the minor is a delinquent minor and that secure | 6 | | custody is a matter of immediate and urgent necessity in light | 7 | | of a serious threat to the physical safety of a person or | 8 | | persons in the community or to secure the presence of the minor | 9 | | at the next hearing, as evidenced by a demonstrable record of | 10 | | willful failure to appear at a scheduled court hearing within | 11 | | the last 12 months, may be kept or detained in an authorized | 12 | | detention facility. Prior to July 1, 2022, a minor aged 11 | 13 | | years old shall not be detained unless appropriate local | 14 | | service providers, such as crisis intervention services | 15 | | through Comprehensive Community Based Youth Services Network | 16 | | or a local behavioral health service, have been contacted and | 17 | | given an opportunity to develop an alternative to detention. | 18 | | Until July 1, 2022, probation shall document and share on a | 19 | | monthly basis with the Illinois Juvenile Justice Commission | 20 | | each instance when alternatives to detention fail for a minor | 21 | | aged 11, including the basis for detention, the providers that | 22 | | were contacted, and the reason alternatives were rejected. | 23 | | (a-2) Until July 1, 2023, any minor 12 years of age or | 24 | | older arrested under this Act where there is probable cause to | 25 | | believe that the minor is a delinquent minor and that secure | 26 | | custody is a matter of immediate and urgent necessity in light |
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| 1 | | of a serious threat to the physical safety of a person or | 2 | | persons in the community or to secure the presence of the minor | 3 | | at the next hearing, as evidenced by a demonstrable record of | 4 | | willful failure to appear at a scheduled court hearing within | 5 | | the last 12 months, may be kept or detained in an authorized | 6 | | detention facility. Prior to July 1, 2023, a minor aged 12 | 7 | | years old shall not be detained unless appropriate local | 8 | | service providers, such as crisis intervention services | 9 | | through Comprehensive Community Based Youth Services Network | 10 | | or a local behavioral health service, have been contacted and | 11 | | given an opportunity to develop an alternative to detention. | 12 | | Until July 1, 2023, probation shall document and share on a | 13 | | monthly basis with the Illinois Juvenile Justice Commission | 14 | | each instance when alternatives to detention fail for a minor | 15 | | aged 12, including the basis for detention, the providers that | 16 | | were contacted, and the reason alternatives were rejected. | 17 | | (a-5) For a minor arrested or taken into custody for | 18 | | vehicular hijacking or aggravated vehicular hijacking, a | 19 | | previous finding of delinquency for vehicular hijacking or | 20 | | aggravated vehicular hijacking shall be given greater weight | 21 | | in determining whether secured custody of a minor is a matter | 22 | | of immediate and urgent necessity for the protection of the | 23 | | minor or of the person or property of another. | 24 | | (a-10) It is the goal of this Act to ensure that detention | 25 | | is the last resort and for as short a time as possible. On and | 26 | | after July 1, 2021, any minor 13 years of age or older arrested |
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| 1 | | under this Act where there is probable cause to believe that | 2 | | the minor is a delinquent minor and that (i) secure custody is | 3 | | a matter of immediate and urgent necessity in light of a | 4 | | serious threat to the physical safety of a person or persons in | 5 | | the community or to secure the presence of the minor at the | 6 | | next hearing, as evidenced by a demonstrable record of willful | 7 | | failure to appear at a scheduled court hearing within the last | 8 | | 12 months, may be kept or detained in an authorized detention | 9 | | facility. | 10 | | (b) The written authorization of the probation officer or | 11 | | detention officer
(or other public officer designated by the | 12 | | court in a county having
3,000,000 or more inhabitants) | 13 | | constitutes authority for the superintendent of
any juvenile | 14 | | detention home to detain and keep a minor for up to 40 hours,
| 15 | | excluding Saturdays, Sundays, and court-designated holidays. | 16 | | These
records shall be available to the same persons and | 17 | | pursuant to the same
conditions as are law enforcement records | 18 | | as provided in Section 5-905.
| 19 | | (b-4) The consultation required by paragraph (b-5) shall | 20 | | not be applicable
if the probation officer or detention | 21 | | officer (or other public officer
designated
by the court in a
| 22 | | county having 3,000,000 or more inhabitants) utilizes a | 23 | | scorable detention
screening instrument, which has been | 24 | | developed with input by the State's
Attorney, to
determine | 25 | | whether a minor should be detained, however, paragraph (b-5) | 26 | | shall
still be applicable where no such screening instrument |
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| 1 | | is used or where the
probation officer, detention officer (or | 2 | | other public officer designated by the
court in a county
| 3 | | having 3,000,000 or more inhabitants) deviates from the | 4 | | screening instrument.
| 5 | | (b-5) Subject to the provisions of paragraph (b-4), if a | 6 | | probation officer
or detention officer
(or other public | 7 | | officer designated by
the court in a county having 3,000,000 | 8 | | or more inhabitants) does not intend to
detain a minor for an | 9 | | offense which constitutes one of the following offenses
he or | 10 | | she shall consult with the State's Attorney's Office prior to | 11 | | the release
of the minor: first degree murder, second degree | 12 | | murder, involuntary
manslaughter, criminal sexual assault, | 13 | | aggravated criminal sexual assault,
aggravated battery with a | 14 | | firearm as described in Section 12-4.2 or subdivision (e)(1), | 15 | | (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or | 16 | | heinous battery involving
permanent disability or | 17 | | disfigurement or great bodily harm, robbery, aggravated
| 18 | | robbery, armed robbery, vehicular hijacking, aggravated | 19 | | vehicular hijacking,
vehicular invasion, arson, aggravated | 20 | | arson, kidnapping, aggravated kidnapping,
home invasion, | 21 | | burglary, or residential burglary.
| 22 | | (c) Except as otherwise provided in paragraph (a), (d), or | 23 | | (e), no minor
shall
be detained in a county jail or municipal | 24 | | lockup for more than 12 hours, unless
the offense is a crime of | 25 | | violence in which case the minor may be detained up
to 24 | 26 | | hours. For the purpose of this paragraph, "crime of violence" |
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| 1 | | has the
meaning
ascribed to it in Section 1-10 of the | 2 | | Alcoholism and Other Drug Abuse and
Dependency Act.
| 3 | | (i) The
period of detention is deemed to have begun | 4 | | once the minor has been placed in a
locked room or cell or | 5 | | handcuffed to a stationary object in a building housing
a | 6 | | county jail or municipal lockup. Time spent transporting a | 7 | | minor is not
considered to be time in detention or secure | 8 | | custody.
| 9 | | (ii) Any minor so
confined shall be under periodic | 10 | | supervision and shall not be permitted to come
into or | 11 | | remain in contact with adults in custody in the building.
| 12 | | (iii) Upon
placement in secure custody in a jail or | 13 | | lockup, the
minor shall be informed of the purpose of the | 14 | | detention, the time it is
expected to last and the fact | 15 | | that it cannot exceed the time specified under
this Act.
| 16 | | (iv) A log shall
be kept which shows the offense which | 17 | | is the basis for the detention, the
reasons and | 18 | | circumstances for the decision to detain, and the length | 19 | | of time the
minor was in detention.
| 20 | | (v) Violation of the time limit on detention
in a | 21 | | county jail or municipal lockup shall not, in and of | 22 | | itself, render
inadmissible evidence obtained as a result | 23 | | of the violation of this
time limit. Minors under 18 years | 24 | | of age shall be kept separate from confined
adults and may | 25 | | not at any time be kept in the same cell, room, or yard | 26 | | with
adults confined pursuant to criminal law. Persons 18 |
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| 1 | | years of age and older
who have a petition of delinquency | 2 | | filed against them may be
confined in an
adult detention | 3 | | facility.
In making a determination whether to confine a | 4 | | person 18 years of age or
older
who has a petition of | 5 | | delinquency filed against the person, these factors,
among | 6 | | other matters, shall be considered:
| 7 | | (A) the age of the person;
| 8 | | (B) any previous delinquent or criminal history of | 9 | | the person;
| 10 | | (C) any previous abuse or neglect history of the | 11 | | person; and
| 12 | | (D) any mental health or educational history of | 13 | | the person, or both.
| 14 | | (d) (i) If prior to July 1, 2021 a minor 12 years of age or | 15 | | older or on and after July 1, 2021 a minor 13 years of age or | 16 | | older is confined in a county jail
in a
county with a | 17 | | population below 3,000,000 inhabitants, then the minor's
| 18 | | confinement shall be implemented in such a manner that there | 19 | | will be no contact
by sight, sound, or otherwise between the | 20 | | minor and adult prisoners. The minor Minors
12 years of age or | 21 | | older must be kept separate from confined adults and may not
at | 22 | | any time
be kept in the same cell, room, or yard with confined | 23 | | adults. This paragraph
(d)(i) shall only apply to confinement | 24 | | pending an adjudicatory hearing and
shall not exceed 40 hours, | 25 | | excluding Saturdays, Sundays, and court-designated
holidays. | 26 | | To accept or hold minors during this time period, county jails |
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| 1 | | shall
comply with all monitoring standards adopted by the | 2 | | Department of
Corrections and training standards approved by | 3 | | the Illinois Law Enforcement
Training Standards Board.
| 4 | | (ii) To accept or hold minors , 12 years of age or older, | 5 | | after the time
period
prescribed in paragraph (d)(i) of this | 6 | | subsection (2) of this Section but not
exceeding 7 days | 7 | | including Saturdays, Sundays, and holidays pending an
| 8 | | adjudicatory hearing, county jails shall comply with all | 9 | | temporary detention
standards adopted by the Department of | 10 | | Corrections and training standards
approved by the Illinois | 11 | | Law Enforcement Training Standards Board.
| 12 | | (iii) To accept or hold minors 12 years of age or older, | 13 | | after the time
period prescribed in paragraphs (d)(i) and | 14 | | (d)(ii) of this subsection (2) of
this
Section, county jails | 15 | | shall comply with all county juvenile detention standards | 16 | | adopted by the Department of Juvenile Justice.
| 17 | | (e) When a minor who is at least 15 years of age is | 18 | | prosecuted under the
criminal laws of this State,
the court | 19 | | may enter an order directing that the juvenile be confined
in | 20 | | the county jail. However, any juvenile confined in the county | 21 | | jail under
this provision shall be separated from adults who | 22 | | are confined in the county
jail in such a manner that there | 23 | | will be no contact by sight, sound or
otherwise between the | 24 | | juvenile and adult prisoners.
| 25 | | (f) For purposes of appearing in a physical lineup, the | 26 | | minor may be taken
to a county jail or municipal lockup under |
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| 1 | | the direct and constant supervision
of a juvenile police | 2 | | officer. During such time as is necessary to conduct a
lineup, | 3 | | and while supervised by a juvenile police officer, the sight | 4 | | and sound
separation provisions shall not apply.
| 5 | | (g) For purposes of processing a minor, the minor may be | 6 | | taken to a county jail or municipal lockup under the direct and | 7 | | constant supervision of a law
enforcement officer or | 8 | | correctional officer. During such time as is necessary
to | 9 | | process the minor, and while supervised by a law enforcement | 10 | | officer or
correctional officer, the sight and sound | 11 | | separation provisions shall not
apply.
| 12 | | (3) If the probation officer or State's Attorney (or such | 13 | | other public
officer designated by the court in a county | 14 | | having 3,000,000 or more
inhabitants) determines that the | 15 | | minor may be a delinquent minor as described
in subsection (3) | 16 | | of Section 5-105, and should be retained in custody but does
| 17 | | not require
physical restriction, the minor may be placed in | 18 | | non-secure custody for up to
40 hours pending a detention | 19 | | hearing.
| 20 | | (4) Any minor taken into temporary custody, not requiring | 21 | | secure
detention, may, however, be detained in the home of his | 22 | | or her parent or
guardian subject to such conditions as the | 23 | | court may impose.
| 24 | | (5) The changes made to this Section by Public Act 98-61 | 25 | | apply to a minor who has been arrested or taken into custody on | 26 | | or after January 1, 2014 (the effective date of Public Act |
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| 1 | | 98-61). | 2 | | (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
| 3 | | (705 ILCS 405/5-710)
| 4 | | Sec. 5-710. Kinds of sentencing orders.
| 5 | | (1) The following kinds of sentencing orders may be made | 6 | | in respect of
wards of the court:
| 7 | | (a) Except as provided in Sections 5-805, 5-810, and | 8 | | 5-815, a minor who is
found
guilty under Section 5-620 may | 9 | | be:
| 10 | | (i) put on probation or conditional discharge and | 11 | | released to his or her
parents, guardian or legal | 12 | | custodian, provided, however, that any such minor
who | 13 | | is not committed to the Department of Juvenile Justice | 14 | | under
this subsection and who is found to be a | 15 | | delinquent for an offense which is
first degree | 16 | | murder, a Class X felony, or a forcible felony shall be | 17 | | placed on
probation;
| 18 | | (ii) placed in accordance with Section 5-740, with | 19 | | or without also being
put on probation or conditional | 20 | | discharge;
| 21 | | (iii) required to undergo a substance abuse | 22 | | assessment conducted by a
licensed provider and | 23 | | participate in the indicated clinical level of care;
| 24 | | (iv) on and after January 1, 2015 ( the effective | 25 | | date of Public Act 98-803) this amendatory Act of the |
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| 1 | | 98th General Assembly and before January 1, 2017, | 2 | | placed in the guardianship of the Department of | 3 | | Children and Family
Services, but only if the | 4 | | delinquent minor is under 16 years of age or, pursuant | 5 | | to Article II of this Act, a minor under the age of 18 | 6 | | for whom an independent basis of abuse, neglect, or | 7 | | dependency exists. On and after January 1, 2017, | 8 | | placed in the guardianship of the Department of | 9 | | Children and Family
Services, but only if the | 10 | | delinquent minor is under 15 years of age or, pursuant | 11 | | to Article II of this Act, a minor for whom an | 12 | | independent basis of abuse, neglect, or dependency | 13 | | exists. An independent basis exists when the | 14 | | allegations or adjudication of abuse, neglect, or | 15 | | dependency do not arise from the same facts, incident, | 16 | | or circumstances which give rise to a charge or | 17 | | adjudication of delinquency;
| 18 | | (v) placed in detention for a period not to exceed | 19 | | 30 days, either as
the
exclusive order of disposition | 20 | | or, where appropriate, in conjunction with any
other | 21 | | order of disposition issued under this paragraph, | 22 | | provided that any such
detention shall be in a | 23 | | juvenile detention home and the minor so detained | 24 | | shall
be 13 10 years of age or older. However, the | 25 | | 30-day limitation may be extended by
further order of | 26 | | the court for a minor under age 15 committed to the |
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| 1 | | Department
of Children and Family Services if the | 2 | | court finds that the minor is a danger
to himself or | 3 | | others. The minor shall be given credit on the | 4 | | sentencing order
of detention for time spent in | 5 | | detention under Sections 5-501, 5-601, 5-710, or
5-720 | 6 | | of this
Article as a result of the offense for which | 7 | | the sentencing order was imposed.
The court may grant | 8 | | credit on a sentencing order of detention entered | 9 | | under a
violation of probation or violation of | 10 | | conditional discharge under Section
5-720 of this | 11 | | Article for time spent in detention before the filing | 12 | | of the
petition
alleging the violation. A minor shall | 13 | | not be deprived of credit for time spent
in detention | 14 | | before the filing of a violation of probation or | 15 | | conditional
discharge alleging the same or related act | 16 | | or acts. The limitation that the minor shall only be | 17 | | placed in a juvenile detention home does not apply as | 18 | | follows: | 19 | | Persons 18 years of age and older who have a | 20 | | petition of delinquency filed against them may be | 21 | | confined in an adult detention facility. In making a | 22 | | determination whether to confine a person 18 years of | 23 | | age or older who has a petition of delinquency filed | 24 | | against the person, these factors, among other | 25 | | matters, shall be considered: | 26 | | (A) the age of the person; |
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| 1 | | (B) any previous delinquent or criminal | 2 | | history of the person; | 3 | | (C) any previous abuse or neglect history of | 4 | | the person; | 5 | | (D) any mental health history of the person; | 6 | | and | 7 | | (E) any educational history of the person;
| 8 | | (vi) ordered partially or completely emancipated | 9 | | in accordance with the
provisions of the Emancipation | 10 | | of Minors Act;
| 11 | | (vii) subject to having his or her driver's | 12 | | license or driving
privileges
suspended for such time | 13 | | as determined by the court but only until he or she
| 14 | | attains 18 years of age;
| 15 | | (viii) put on probation or conditional discharge | 16 | | and placed in detention
under Section 3-6039 of the | 17 | | Counties Code for a period not to exceed the period
of | 18 | | incarceration permitted by law for adults found guilty | 19 | | of the same offense
or offenses for which the minor was | 20 | | adjudicated delinquent, and in any event no
longer | 21 | | than upon attainment of age 21; this subdivision | 22 | | (viii) notwithstanding
any contrary provision of the | 23 | | law;
| 24 | | (ix) ordered to undergo a medical or other | 25 | | procedure to have a tattoo
symbolizing allegiance to a | 26 | | street gang removed from his or her body; or |
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| 1 | | (x) placed in electronic monitoring or home | 2 | | detention under Part 7A of this Article.
| 3 | | (b) A minor found to be guilty may be committed to the | 4 | | Department of
Juvenile Justice under Section 5-750 if the | 5 | | minor is at least 13 years and under 20 years of age,
| 6 | | provided that the commitment to the Department of Juvenile | 7 | | Justice shall be made only if the minor was found guilty of | 8 | | a felony offense or first degree murder. The court shall | 9 | | include in the sentencing order any pre-custody credits | 10 | | the minor is entitled to under Section 5-4.5-100 of the | 11 | | Unified Code of Corrections. The time during which a minor | 12 | | is in custody before being released
upon the request of a | 13 | | parent, guardian or legal custodian shall also be | 14 | | considered
as time spent in custody.
| 15 | | (c) When a minor is found to be guilty for an offense | 16 | | which is a violation
of the Illinois Controlled Substances | 17 | | Act, the Cannabis Control Act, or the Methamphetamine | 18 | | Control and Community Protection Act and made
a ward of | 19 | | the court, the court may enter a disposition order | 20 | | requiring the
minor to undergo assessment,
counseling or | 21 | | treatment in a substance use disorder treatment program | 22 | | approved by the Department
of Human Services.
| 23 | | (2) Any sentencing order other than commitment to the | 24 | | Department of
Juvenile Justice may provide for protective | 25 | | supervision under
Section 5-725 and may include an order of | 26 | | protection under Section 5-730.
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| 1 | | (3) Unless the sentencing order expressly so provides, it | 2 | | does not operate
to close proceedings on the pending petition, | 3 | | but is subject to modification
until final closing and | 4 | | discharge of the proceedings under Section 5-750.
| 5 | | (4) In addition to any other sentence, the court may order | 6 | | any
minor
found to be delinquent to make restitution, in | 7 | | monetary or non-monetary form,
under the terms and conditions | 8 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 9 | | that the "presentencing hearing" referred to in that
Section
| 10 | | shall be
the sentencing hearing for purposes of this Section. | 11 | | The parent, guardian or
legal custodian of the minor may be | 12 | | ordered by the court to pay some or all of
the restitution on | 13 | | the minor's behalf, pursuant to the Parental Responsibility
| 14 | | Law. The State's Attorney is authorized to act
on behalf of any | 15 | | victim in seeking restitution in proceedings under this
| 16 | | Section, up to the maximum amount allowed in Section 5 of the | 17 | | Parental
Responsibility Law.
| 18 | | (5) Any sentencing order where the minor is committed or | 19 | | placed in
accordance
with Section 5-740 shall provide for the | 20 | | parents or guardian of the estate of
the minor to pay to the | 21 | | legal custodian or guardian of the person of the minor
such | 22 | | sums as are determined by the custodian or guardian of the | 23 | | person of the
minor as necessary for the minor's needs. The | 24 | | payments may not exceed the
maximum amounts provided for by | 25 | | Section 9.1 of the Children and Family Services
Act.
| 26 | | (6) Whenever the sentencing order requires the minor to |
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| 1 | | attend school or
participate in a program of training, the | 2 | | truant officer or designated school
official shall regularly | 3 | | report to the court if the minor is a chronic or
habitual | 4 | | truant under Section 26-2a of the School Code. Notwithstanding | 5 | | any other provision of this Act, in instances in which | 6 | | educational services are to be provided to a minor in a | 7 | | residential facility where the minor has been placed by the | 8 | | court, costs incurred in the provision of those educational | 9 | | services must be allocated based on the requirements of the | 10 | | School Code.
| 11 | | (7) In no event shall a guilty minor be committed to the | 12 | | Department of
Juvenile Justice for a period of time in
excess | 13 | | of
that period for which an adult could be committed for the | 14 | | same act. The court shall include in the sentencing order a | 15 | | limitation on the period of confinement not to exceed the | 16 | | maximum period of imprisonment the court could impose under | 17 | | Chapter V 5 of the Unified Code of Corrections.
| 18 | | (7.5) In no event shall a guilty minor be committed to the | 19 | | Department of Juvenile Justice or placed in detention when the | 20 | | act for which the minor was adjudicated delinquent would not | 21 | | be illegal if committed by an adult. | 22 | | (7.6) In no event shall a guilty minor be committed to the | 23 | | Department of Juvenile Justice for an offense which is a Class | 24 | | 4 felony under Section 19-4 (criminal trespass to a | 25 | | residence), 21-1 (criminal damage to property), 21-1.01 | 26 | | (criminal damage to government supported property), 21-1.3 |
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| 1 | | (criminal defacement of property), 26-1 (disorderly conduct), | 2 | | or 31-4 (obstructing justice) of the Criminal Code of 2012. | 3 | | (7.75) In no event shall a guilty minor be committed to the | 4 | | Department of Juvenile Justice for an offense that is a Class 3 | 5 | | or Class 4 felony violation of the Illinois Controlled | 6 | | Substances Act unless the commitment occurs upon a third or | 7 | | subsequent judicial finding of a violation of probation for | 8 | | substantial noncompliance with court-ordered treatment or | 9 | | programming. | 10 | | (8) A minor found to be guilty for reasons that include a | 11 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012 shall be ordered to perform
community | 13 | | service for not less than 30 and not more than 120 hours, if
| 14 | | community service is available in the jurisdiction. The | 15 | | community service
shall include, but need not be limited to, | 16 | | the cleanup and repair of the damage
that was caused by the | 17 | | violation or similar damage to property located in the
| 18 | | municipality or county in which the violation occurred. The | 19 | | order may be in
addition to any other order authorized by this | 20 | | Section.
| 21 | | (8.5) A minor found to be guilty for reasons that include a | 22 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 23 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 24 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 25 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 26 | | shall be ordered to undergo medical or psychiatric treatment |
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| 1 | | rendered by
a
psychiatrist or psychological treatment rendered | 2 | | by a clinical psychologist.
The order
may be in addition to any | 3 | | other order authorized by this Section.
| 4 | | (9) In addition to any other sentencing order, the court | 5 | | shall order any
minor found
to be guilty for an act which would | 6 | | constitute, predatory criminal sexual
assault of a child, | 7 | | aggravated criminal sexual assault, criminal sexual
assault, | 8 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 9 | | committed by an
adult to undergo medical testing to determine | 10 | | whether the defendant has any
sexually transmissible disease | 11 | | including a test for infection with human
immunodeficiency | 12 | | virus (HIV) or any other identified causative agency of
| 13 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 14 | | shall be performed
only by appropriately licensed medical | 15 | | practitioners and may include an
analysis of any bodily fluids | 16 | | as well as an examination of the minor's person.
Except as | 17 | | otherwise provided by law, the results of the test shall be | 18 | | kept
strictly confidential by all medical personnel involved | 19 | | in the testing and must
be personally delivered in a sealed | 20 | | envelope to the judge of the court in which
the sentencing | 21 | | order was entered for the judge's inspection in camera. Acting
| 22 | | in accordance with the best interests of the victim and the | 23 | | public, the judge
shall have the discretion to determine to | 24 | | whom the results of the testing may
be revealed. The court | 25 | | shall notify the minor of the results of the test for
infection | 26 | | with the human immunodeficiency virus (HIV). The court shall |
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| 1 | | also
notify the victim if requested by the victim, and if the | 2 | | victim is under the
age of 15 and if requested by the victim's | 3 | | parents or legal guardian, the court
shall notify the victim's | 4 | | parents or the legal guardian, of the results of the
test for | 5 | | infection with the human immunodeficiency virus (HIV). The | 6 | | court
shall provide information on the availability of HIV | 7 | | testing and counseling at
the Department of Public Health | 8 | | facilities to all parties to whom the
results of the testing | 9 | | are revealed. The court shall order that the cost of
any test | 10 | | shall be paid by the county and may be taxed as costs against | 11 | | the
minor.
| 12 | | (10) When a court finds a minor to be guilty the court | 13 | | shall, before
entering a sentencing order under this Section, | 14 | | make a finding whether the
offense committed either: (a) was | 15 | | related to or in furtherance of the criminal
activities of an | 16 | | organized gang or was motivated by the minor's membership in
| 17 | | or allegiance to an organized gang, or (b) involved a | 18 | | violation of
subsection (a) of Section 12-7.1 of the Criminal | 19 | | Code of 1961 or the Criminal Code of 2012, a violation of
any
| 20 | | Section of Article 24 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, or a violation of any
statute that | 22 | | involved the wrongful use of a firearm. If the court | 23 | | determines
the question in the affirmative,
and the court does | 24 | | not commit the minor to the Department of Juvenile Justice, | 25 | | the court shall order the minor to perform community service
| 26 | | for not less than 30 hours nor more than 120 hours, provided |
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| 1 | | that community
service is available in the jurisdiction and is | 2 | | funded and approved by the
county board of the county where the | 3 | | offense was committed. The community
service shall include, | 4 | | but need not be limited to, the cleanup and repair of
any | 5 | | damage caused by a violation of Section 21-1.3 of the Criminal | 6 | | Code of 1961 or the Criminal Code of 2012
and similar damage to | 7 | | property located in the municipality or county in which
the | 8 | | violation occurred. When possible and reasonable, the | 9 | | community service
shall be performed in the minor's | 10 | | neighborhood. This order shall be in
addition to any other | 11 | | order authorized by this Section
except for an order to place | 12 | | the minor in the custody of the Department of
Juvenile | 13 | | Justice. For the purposes of this Section, "organized
gang" | 14 | | has the meaning ascribed to it in Section 10 of the Illinois | 15 | | Streetgang
Terrorism Omnibus Prevention Act.
| 16 | | (11) If the court determines that the offense was | 17 | | committed in furtherance of the criminal activities of an | 18 | | organized gang, as provided in subsection (10), and that the | 19 | | offense involved the operation or use of a motor vehicle or the | 20 | | use of a driver's license or permit, the court shall notify the | 21 | | Secretary of State of that determination and of the period for | 22 | | which the minor shall be denied driving privileges. If, at the | 23 | | time of the determination, the minor does not hold a driver's | 24 | | license or permit, the court shall provide that the minor | 25 | | shall not be issued a driver's license or permit until his or | 26 | | her 18th birthday. If the minor holds a driver's license or |
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| 1 | | permit at the time of the determination, the court shall | 2 | | provide that the minor's driver's license or permit shall be | 3 | | revoked until his or her 21st birthday, or until a later date | 4 | | or occurrence determined by the court. If the minor holds a | 5 | | driver's license at the time of the determination, the court | 6 | | may direct the Secretary of State to issue the minor a judicial | 7 | | driving permit, also known as a JDP. The JDP shall be subject | 8 | | to the same terms as a JDP issued under Section 6-206.1 of the | 9 | | Illinois Vehicle Code, except that the court may direct that | 10 | | the JDP be effective immediately.
| 11 | | (12) (Blank).
| 12 | | (Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; | 13 | | 100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff. | 14 | | 7-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
| 15 | | (705 ILCS 405/5-720)
| 16 | | Sec. 5-720. Probation revocation.
| 17 | | (1) If a petition is filed charging a violation of a | 18 | | condition of
probation or of conditional discharge, the court | 19 | | shall:
| 20 | | (a) order the minor to appear; or
| 21 | | (b) order the minor's detention if the court finds | 22 | | that the detention is
a matter of immediate and urgent | 23 | | necessity for the protection of the minor or
of the person | 24 | | or property of another or that the minor is likely to flee | 25 | | the
jurisdiction of the court, provided that any such |
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| 1 | | detention shall be in a
juvenile detention home and the | 2 | | minor so detained shall be 13 10 years of age or
older; and
| 3 | | (c) notify the persons named in the petition under | 4 | | Section 5-520, in
accordance with the provisions of | 5 | | Section 5-530.
| 6 | | In making its detention determination under paragraph (b) | 7 | | of this subsection
(1) of this
Section, the court may use | 8 | | information in its findings offered at such a
hearing by way of | 9 | | proffer based upon reliable information presented by the
| 10 | | State, probation officer, or the minor. The filing of a | 11 | | petition for violation
of a condition of probation or of | 12 | | conditional discharge shall toll the period
of probation or of | 13 | | conditional discharge until the final determination of the
| 14 | | charge, and the term of probation or conditional discharge | 15 | | shall not run until
the hearing and disposition of the | 16 | | petition for violation.
| 17 | | (2) The court shall conduct a hearing of the alleged | 18 | | violation of
probation or of
conditional discharge. The minor | 19 | | shall not be held in detention longer than 15
days pending the | 20 | | determination of the alleged violation.
| 21 | | (3) At the hearing, the State shall have the burden of | 22 | | going forward with
the evidence and proving the violation by a | 23 | | preponderance of the evidence.
The evidence shall be presented | 24 | | in court with the right of confrontation,
cross-examination, | 25 | | and representation by counsel.
| 26 | | (4) If the court finds that the minor has
violated a |
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| 1 | | condition at any time prior to the expiration or termination | 2 | | of the
period of probation or conditional discharge, it
may | 3 | | continue him or her on the existing sentence, with or without | 4 | | modifying
or
enlarging the conditions, or may revoke probation | 5 | | or conditional discharge and
impose any other sentence that | 6 | | was available under Section 5-710 at the time
of the initial | 7 | | sentence.
| 8 | | (5) The conditions of probation and of conditional | 9 | | discharge may be
reduced or enlarged by the court on motion of | 10 | | the probation officer or on its
own motion or at the request of | 11 | | the minor after notice and hearing under this
Section.
| 12 | | (6) Sentencing after revocation of probation or of | 13 | | conditional discharge
shall be under Section 5-705.
| 14 | | (7) Instead of filing a violation of probation or of | 15 | | conditional
discharge, the probation officer, with the | 16 | | concurrence of his or her
supervisor, may serve on the minor a | 17 | | notice of intermediate sanctions. The
notice shall contain the | 18 | | technical violation or violations involved, the date
or dates | 19 | | of the violation or violations, and the intermediate sanctions | 20 | | to be
imposed. Upon receipt of the notice, the minor shall | 21 | | immediately accept or
reject the intermediate sanctions. If | 22 | | the sanctions are accepted, they shall
be imposed immediately. | 23 | | If the intermediate sanctions are rejected or the
minor does | 24 | | not respond to the notice, a violation
of probation or of | 25 | | conditional discharge shall be immediately filed with the
| 26 | | court. The State's Attorney and the sentencing court shall be |
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| 1 | | notified of the
notice of sanctions. Upon successful | 2 | | completion of the intermediate sanctions,
a court may not | 3 | | revoke probation or conditional discharge or impose additional
| 4 | | sanctions for the same violation. A notice of intermediate | 5 | | sanctions may not
be issued for any violation of probation or | 6 | | conditional discharge which could
warrant an additional, | 7 | | separate felony charge.
| 8 | | (Source: P.A. 90-590, eff. 1-1-99.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law. |
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