Full Text of HB0087 97th General Assembly
HB0087 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0087 Introduced 1/12/2011, by Rep. Annazette Collins SYNOPSIS AS INTRODUCED: | | 705 ILCS 405/5-410 | | 705 ILCS 405/5-710 | | 705 ILCS 405/5-720 | |
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Amends the Juvenile Court Act of 1987. Increases the minimum age at which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.
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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 5-410, 5-710, and 5-720 as follows:
| 6 | | (705 ILCS 405/5-410)
| 7 | | Sec. 5-410. Non-secure custody or detention.
| 8 | | (1) Any minor arrested or taken into custody pursuant to | 9 | | this Act who
requires care away from his or her home but who | 10 | | does not require physical
restriction shall be given temporary | 11 | | care in a foster family home or other
shelter facility | 12 | | designated by the court.
| 13 | | (2) (a) Any minor 13 10 years of age or older arrested
| 14 | | pursuant to this Act where there is probable cause to believe | 15 | | that the minor
is a delinquent minor and that
(i) secured | 16 | | custody is a matter of immediate and urgent necessity for the
| 17 | | protection of the minor or of the person or property of | 18 | | another, (ii) the minor
is likely to flee the jurisdiction of | 19 | | the court, or (iii) the minor was taken
into custody under a | 20 | | warrant, may be kept or detained in an authorized
detention | 21 | | facility. No minor under 12 years of age shall be detained in a
| 22 | | county jail or a municipal lockup for more than 6 hours.
| 23 | | (b) The written authorization of the probation officer or |
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| 1 | | detention officer
(or other public officer designated by the | 2 | | court in a county having
3,000,000 or more inhabitants) | 3 | | constitutes authority for the superintendent of
any juvenile | 4 | | detention home to detain and keep a minor for up to 40 hours,
| 5 | | excluding Saturdays, Sundays and court-designated holidays. | 6 | | These
records shall be available to the same persons and | 7 | | pursuant to the same
conditions as are law enforcement records | 8 | | as provided in Section 5-905.
| 9 | | (b-4) The consultation required by subsection (b-5) shall | 10 | | not be applicable
if the probation officer or detention officer | 11 | | (or other public officer
designated
by the court in a
county | 12 | | having 3,000,000 or more inhabitants) utilizes a scorable | 13 | | detention
screening instrument, which has been developed with | 14 | | input by the State's
Attorney, to
determine whether a minor | 15 | | should be detained, however, subsection (b-5) shall
still be | 16 | | applicable where no such screening instrument is used or where | 17 | | the
probation officer, detention officer (or other public | 18 | | officer designated by the
court in a county
having 3,000,000 or | 19 | | more inhabitants) deviates from the screening instrument.
| 20 | | (b-5) Subject to the provisions of subsection (b-4), if a | 21 | | probation officer
or detention officer
(or other public officer | 22 | | designated by
the court in a county having 3,000,000 or more | 23 | | inhabitants) does not intend to
detain a minor for an offense | 24 | | which constitutes one of the following offenses
he or she shall | 25 | | consult with the State's Attorney's Office prior to the release
| 26 | | of the minor: first degree murder, second degree murder, |
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| 1 | | involuntary
manslaughter, criminal sexual assault, aggravated | 2 | | criminal sexual assault,
aggravated battery with a firearm, | 3 | | aggravated or heinous battery involving
permanent disability | 4 | | or disfigurement or great bodily harm, robbery, aggravated
| 5 | | robbery, armed robbery, vehicular hijacking, aggravated | 6 | | vehicular hijacking,
vehicular invasion, arson, aggravated | 7 | | arson, kidnapping, aggravated kidnapping,
home invasion, | 8 | | burglary, or residential burglary.
| 9 | | (c) Except as otherwise provided in paragraph (a), (d), or | 10 | | (e), no minor
shall
be detained in a county jail or municipal | 11 | | lockup for more than 12 hours, unless
the offense is a crime of | 12 | | violence in which case the minor may be detained up
to 24 | 13 | | hours. For the purpose of this paragraph, "crime of violence" | 14 | | has the
meaning
ascribed to it in Section 1-10 of the | 15 | | Alcoholism and Other Drug Abuse and
Dependency Act.
| 16 | | (i) The
period of detention is deemed to have begun | 17 | | once the minor has been placed in a
locked room or cell or | 18 | | handcuffed to a stationary object in a building housing
a | 19 | | county jail or municipal lockup. Time spent transporting a | 20 | | minor is not
considered to be time in detention or secure | 21 | | custody.
| 22 | | (ii) Any minor so
confined shall be under periodic | 23 | | supervision and shall not be permitted to come
into or | 24 | | remain in contact with adults in custody in the building.
| 25 | | (iii) Upon
placement in secure custody in a jail or | 26 | | lockup, the
minor shall be informed of the purpose of the |
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| 1 | | detention, the time it is
expected to last and the fact | 2 | | that it cannot exceed the time specified under
this Act.
| 3 | | (iv) A log shall
be kept which shows the offense which | 4 | | is the basis for the detention, the
reasons and | 5 | | circumstances for the decision to detain and the length of | 6 | | time the
minor was in detention.
| 7 | | (v) Violation of the time limit on detention
in a | 8 | | county jail or municipal lockup shall not, in and of | 9 | | itself, render
inadmissible evidence obtained as a result | 10 | | of the violation of this
time limit. Minors under 17 years | 11 | | of age shall be kept separate from confined
adults and may | 12 | | not at any time be kept in the same cell, room or yard with
| 13 | | adults confined pursuant to criminal law. Persons 17 years | 14 | | of age and older
who have a petition of delinquency filed | 15 | | against them may be
confined in an
adult detention | 16 | | facility.
In making a determination whether to confine a | 17 | | person 17 years of age or
older
who has a petition of | 18 | | delinquency filed against the person, these factors,
among | 19 | | other matters, shall be considered:
| 20 | | (A) The age of the person;
| 21 | | (B) Any previous delinquent or criminal history of | 22 | | the person;
| 23 | | (C) Any previous abuse or neglect history of the | 24 | | person; and
| 25 | | (D) Any mental health or educational history of the | 26 | | person, or both.
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| 1 | | (d) (i) If a minor 12 years of age or older is confined in a | 2 | | county jail
in a
county with a population below 3,000,000 | 3 | | inhabitants, then the minor's
confinement shall be implemented | 4 | | in such a manner that there will be no contact
by sight, sound | 5 | | or otherwise between the minor and adult prisoners. Minors
12 | 6 | | years of age or older must be kept separate from confined | 7 | | adults and may not
at any time
be kept in the same cell, room, | 8 | | or yard with confined adults. This paragraph
(d)(i) shall only | 9 | | apply to confinement pending an adjudicatory hearing and
shall | 10 | | not exceed 40 hours, excluding Saturdays, Sundays and court | 11 | | designated
holidays. To accept or hold minors during this time | 12 | | period, county jails shall
comply with all monitoring standards | 13 | | promulgated by the Department of
Corrections and training | 14 | | standards approved by the Illinois Law Enforcement
Training | 15 | | Standards Board.
| 16 | | (ii) To accept or hold minors, 12 years of age or older, | 17 | | after the time
period
prescribed in paragraph (d)(i) of this | 18 | | subsection (2) of this Section but not
exceeding 7 days | 19 | | including Saturdays, Sundays and holidays pending an
| 20 | | adjudicatory hearing, county jails shall comply with all | 21 | | temporary detention
standards promulgated by the Department of | 22 | | Corrections and training standards
approved by the Illinois Law | 23 | | Enforcement Training Standards Board.
| 24 | | (iii) To accept or hold minors 12 years of age or older, | 25 | | after the time
period prescribed in paragraphs (d)(i) and | 26 | | (d)(ii) of this subsection (2) of
this
Section, county jails |
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| 1 | | shall comply with all programmatic and training standards
for | 2 | | juvenile detention homes promulgated by the Department of | 3 | | Corrections.
| 4 | | (e) When a minor who is at least 15 years of age is | 5 | | prosecuted under the
criminal laws of this State,
the court may | 6 | | enter an order directing that the juvenile be confined
in the | 7 | | county jail. However, any juvenile confined in the county jail | 8 | | under
this provision shall be separated from adults who are | 9 | | confined in the county
jail in such a manner that there will be | 10 | | no contact by sight, sound or
otherwise between the juvenile | 11 | | and adult prisoners.
| 12 | | (f) For purposes of appearing in a physical lineup, the | 13 | | minor may be taken
to a county jail or municipal lockup under | 14 | | the direct and constant supervision
of a juvenile police | 15 | | officer. During such time as is necessary to conduct a
lineup, | 16 | | and while supervised by a juvenile police officer, the sight | 17 | | and sound
separation provisions shall not apply.
| 18 | | (g) For purposes of processing a minor, the minor may be | 19 | | taken to a County
Jail or municipal lockup under the direct and | 20 | | constant supervision of a law
enforcement officer or | 21 | | correctional officer. During such time as is necessary
to | 22 | | process the minor, and while supervised by a law enforcement | 23 | | officer or
correctional officer, the sight and sound separation | 24 | | provisions shall not
apply.
| 25 | | (3) If the probation officer or State's Attorney (or such | 26 | | other public
officer designated by the court in a county having |
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| 1 | | 3,000,000 or more
inhabitants) determines that the minor may be | 2 | | a delinquent minor as described
in subsection (3) of Section | 3 | | 5-105, and should be retained in custody but does
not require
| 4 | | physical restriction, the minor may be placed in non-secure | 5 | | custody for up to
40 hours pending a detention hearing.
| 6 | | (4) Any minor taken into temporary custody, not requiring | 7 | | secure
detention, may, however, be detained in the home of his | 8 | | or her parent or
guardian subject to such conditions as the | 9 | | court may impose.
| 10 | | (Source: P.A. 93-255, eff. 1-1-04.)
| 11 | | (705 ILCS 405/5-710)
| 12 | | Sec. 5-710. Kinds of sentencing orders.
| 13 | | (1) The following kinds of sentencing orders may be made in | 14 | | respect of
wards of the court:
| 15 | | (a) Except as provided in Sections 5-805, 5-810, 5-815, | 16 | | a minor who is
found
guilty under Section 5-620 may be:
| 17 | | (i) put on probation or conditional discharge and | 18 | | released to his or her
parents, guardian or legal | 19 | | custodian, provided, however, that any such minor
who | 20 | | is not committed to the Department of Juvenile Justice | 21 | | under
this subsection and who is found to be a | 22 | | delinquent for an offense which is
first degree murder, | 23 | | a Class X felony, or a forcible felony shall be placed | 24 | | on
probation;
| 25 | | (ii) placed in accordance with Section 5-740, with |
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| 1 | | or without also being
put on probation or conditional | 2 | | discharge;
| 3 | | (iii) required to undergo a substance abuse | 4 | | assessment conducted by a
licensed provider and | 5 | | participate in the indicated clinical level of care;
| 6 | | (iv) placed in the guardianship of the Department | 7 | | of Children and Family
Services, but only if the | 8 | | delinquent minor is under 15 years of age or, pursuant | 9 | | to Article II of this Act, a minor for whom an | 10 | | independent basis of abuse, neglect, or dependency | 11 | | exists. An independent basis exists when the | 12 | | allegations or adjudication of abuse, neglect, or | 13 | | dependency do not arise from the same facts, incident, | 14 | | or circumstances which give rise to a charge or | 15 | | adjudication of delinquency;
| 16 | | (v) placed in detention for a period not to exceed | 17 | | 30 days, either as
the
exclusive order of disposition | 18 | | or, where appropriate, in conjunction with any
other | 19 | | order of disposition issued under this paragraph, | 20 | | provided that any such
detention shall be in a juvenile | 21 | | detention home and the minor so detained shall
be 13 10 | 22 | | years of age or older. However, the 30-day limitation | 23 | | may be extended by
further order of the court for a | 24 | | minor under age 15 committed to the Department
of | 25 | | Children and Family Services if the court finds that | 26 | | the minor is a danger
to himself or others. The minor |
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| 1 | | shall be given credit on the sentencing order
of | 2 | | detention for time spent in detention under Sections | 3 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 4 | | result of the offense for which the sentencing order | 5 | | was imposed.
The court may grant credit on a sentencing | 6 | | order of detention entered under a
violation of | 7 | | probation or violation of conditional discharge under | 8 | | Section
5-720 of this Article for time spent in | 9 | | detention before the filing of the
petition
alleging | 10 | | the violation. A minor shall not be deprived of credit | 11 | | for time spent
in detention before the filing of a | 12 | | violation of probation or conditional
discharge | 13 | | alleging the same or related act or acts;
| 14 | | (vi) ordered partially or completely emancipated | 15 | | in accordance with the
provisions of the Emancipation | 16 | | of Minors Act;
| 17 | | (vii) subject to having his or her driver's license | 18 | | or driving
privileges
suspended for such time as | 19 | | determined by the court but only until he or she
| 20 | | attains 18 years of age;
| 21 | | (viii) put on probation or conditional discharge | 22 | | and placed in detention
under Section 3-6039 of the | 23 | | Counties Code for a period not to exceed the period
of | 24 | | incarceration permitted by law for adults found guilty | 25 | | of the same offense
or offenses for which the minor was | 26 | | adjudicated delinquent, and in any event no
longer than |
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| 1 | | upon attainment of age 21; this subdivision (viii) | 2 | | notwithstanding
any contrary provision of the law;
| 3 | | (ix) ordered to undergo a medical or other | 4 | | procedure to have a tattoo
symbolizing allegiance to a | 5 | | street gang removed from his or her body; or | 6 | | (x) placed in electronic home detention under Part | 7 | | 7A of this Article.
| 8 | | (b) A minor found to be guilty may be committed to the | 9 | | Department of
Juvenile Justice under Section 5-750 if the | 10 | | minor is 13 years of age or
older,
provided that the | 11 | | commitment to the Department of Juvenile Justice shall be | 12 | | made only if a term of incarceration is permitted by law | 13 | | for
adults found guilty of the offense for which the minor | 14 | | was adjudicated
delinquent. The time during which a minor | 15 | | is in custody before being released
upon the request of a | 16 | | parent, guardian or legal custodian shall be considered
as | 17 | | time spent in detention.
| 18 | | (c) When a minor is found to be guilty for an offense | 19 | | which is a violation
of the Illinois Controlled Substances | 20 | | Act, the Cannabis Control Act, or the Methamphetamine | 21 | | Control and Community Protection Act and made
a ward of the | 22 | | court, the court may enter a disposition order requiring | 23 | | the
minor to undergo assessment,
counseling or treatment in | 24 | | a substance abuse program approved by the Department
of | 25 | | Human Services.
| 26 | | (2) Any sentencing order other than commitment to the |
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| 1 | | Department of
Juvenile Justice may provide for protective | 2 | | supervision under
Section 5-725 and may include an order of | 3 | | protection under Section 5-730.
| 4 | | (3) Unless the sentencing order expressly so provides, it | 5 | | does not operate
to close proceedings on the pending petition, | 6 | | but is subject to modification
until final closing and | 7 | | discharge of the proceedings under Section 5-750.
| 8 | | (4) In addition to any other sentence, the court may order | 9 | | any
minor
found to be delinquent to make restitution, in | 10 | | monetary or non-monetary form,
under the terms and conditions | 11 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 12 | | that the "presentencing hearing" referred to in that
Section
| 13 | | shall be
the sentencing hearing for purposes of this Section. | 14 | | The parent, guardian or
legal custodian of the minor may be | 15 | | ordered by the court to pay some or all of
the restitution on | 16 | | the minor's behalf, pursuant to the Parental Responsibility
| 17 | | Law. The State's Attorney is authorized to act
on behalf of any | 18 | | victim in seeking restitution in proceedings under this
| 19 | | Section, up to the maximum amount allowed in Section 5 of the | 20 | | Parental
Responsibility Law.
| 21 | | (5) Any sentencing order where the minor is committed or | 22 | | placed in
accordance
with Section 5-740 shall provide for the | 23 | | parents or guardian of the estate of
the minor to pay to the | 24 | | legal custodian or guardian of the person of the minor
such | 25 | | sums as are determined by the custodian or guardian of the | 26 | | person of the
minor as necessary for the minor's needs. The |
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| 1 | | payments may not exceed the
maximum amounts provided for by | 2 | | Section 9.1 of the Children and Family Services
Act.
| 3 | | (6) Whenever the sentencing order requires the minor to | 4 | | attend school or
participate in a program of training, the | 5 | | truant officer or designated school
official shall regularly | 6 | | report to the court if the minor is a chronic or
habitual | 7 | | truant under Section 26-2a of the School Code. Notwithstanding | 8 | | any other provision of this Act, in instances in which | 9 | | educational services are to be provided to a minor in a | 10 | | residential facility where the minor has been placed by the | 11 | | court, costs incurred in the provision of those educational | 12 | | services must be allocated based on the requirements of the | 13 | | School Code.
| 14 | | (7) In no event shall a guilty minor be committed to the | 15 | | Department of
Juvenile Justice for a period of time in
excess | 16 | | of
that period for which an adult could be committed for the | 17 | | same act.
| 18 | | (8) A minor found to be guilty for reasons that include a | 19 | | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 20 | | be ordered to perform
community service for not less than 30 | 21 | | and not more than 120 hours, if
community service is available | 22 | | in the jurisdiction. The community service
shall include, but | 23 | | need not be limited to, the cleanup and repair of the damage
| 24 | | that was caused by the violation or similar damage to property | 25 | | located in the
municipality or county in which the violation | 26 | | occurred. The order may be in
addition to any other order |
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| 1 | | authorized by this Section.
| 2 | | (8.5) A minor found to be guilty for reasons that include a | 3 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 4 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 5 | | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 6 | | medical or psychiatric treatment rendered by
a
psychiatrist or | 7 | | psychological treatment rendered by a clinical psychologist.
| 8 | | The order
may be in addition to any other order authorized by | 9 | | this Section.
| 10 | | (9) In addition to any other sentencing order, the court | 11 | | shall order any
minor found
to be guilty for an act which would | 12 | | constitute, predatory criminal sexual
assault of a child, | 13 | | aggravated criminal sexual assault, criminal sexual
assault, | 14 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 15 | | committed by an
adult to undergo medical testing to determine | 16 | | whether the defendant has any
sexually transmissible disease | 17 | | including a test for infection with human
immunodeficiency | 18 | | virus (HIV) or any other identified causative agency of
| 19 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 20 | | shall be performed
only by appropriately licensed medical | 21 | | practitioners and may include an
analysis of any bodily fluids | 22 | | as well as an examination of the minor's person.
Except as | 23 | | otherwise provided by law, the results of the test shall be | 24 | | kept
strictly confidential by all medical personnel involved in | 25 | | the testing and must
be personally delivered in a sealed | 26 | | envelope to the judge of the court in which
the sentencing |
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| 1 | | order was entered for the judge's inspection in camera. Acting
| 2 | | in accordance with the best interests of the victim and the | 3 | | public, the judge
shall have the discretion to determine to | 4 | | whom the results of the testing may
be revealed. The court | 5 | | shall notify the minor of the results of the test for
infection | 6 | | with the human immunodeficiency virus (HIV). The court shall | 7 | | also
notify the victim if requested by the victim, and if the | 8 | | victim is under the
age of 15 and if requested by the victim's | 9 | | parents or legal guardian, the court
shall notify the victim's | 10 | | parents or the legal guardian, of the results of the
test for | 11 | | infection with the human immunodeficiency virus (HIV). The | 12 | | court
shall provide information on the availability of HIV | 13 | | testing and counseling at
the Department of Public Health | 14 | | facilities to all parties to whom the
results of the testing | 15 | | are revealed. The court shall order that the cost of
any test | 16 | | shall be paid by the county and may be taxed as costs against | 17 | | the
minor.
| 18 | | (10) When a court finds a minor to be guilty the court | 19 | | shall, before
entering a sentencing order under this Section, | 20 | | make a finding whether the
offense committed either: (a) was | 21 | | related to or in furtherance of the criminal
activities of an | 22 | | organized gang or was motivated by the minor's membership in
or | 23 | | allegiance to an organized gang, or (b) involved a violation of
| 24 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 25 | | a violation of
any
Section of Article 24 of the Criminal Code | 26 | | of 1961, or a violation of any
statute that involved the |
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| 1 | | wrongful use of a firearm. If the court determines
the question | 2 | | in the affirmative,
and the court does not commit the minor to | 3 | | the Department of Juvenile Justice, the court shall order the | 4 | | minor to perform community service
for not less than 30 hours | 5 | | nor more than 120 hours, provided that community
service is | 6 | | available in the jurisdiction and is funded and approved by the
| 7 | | county board of the county where the offense was committed. The | 8 | | community
service shall include, but need not be limited to, | 9 | | the cleanup and repair of
any damage caused by a violation of | 10 | | Section 21-1.3 of the Criminal Code of 1961
and similar damage | 11 | | to property located in the municipality or county in which
the | 12 | | violation occurred. When possible and reasonable, the | 13 | | community service
shall be performed in the minor's | 14 | | neighborhood. This order shall be in
addition to any other | 15 | | order authorized by this Section
except for an order to place | 16 | | the minor in the custody of the Department of
Juvenile Justice. | 17 | | For the purposes of this Section, "organized
gang" has the | 18 | | meaning ascribed to it in Section 10 of the Illinois Streetgang
| 19 | | Terrorism Omnibus Prevention Act.
| 20 | | (11) If the court determines that the offense was committed | 21 | | in furtherance of the criminal activities of an organized gang, | 22 | | as provided in subsection (10), and that the offense involved | 23 | | the operation or use of a motor vehicle or the use of a | 24 | | driver's license or permit, the court shall notify the | 25 | | Secretary of State of that determination and of the period for | 26 | | which the minor shall be denied driving privileges. If, at the |
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| 1 | | time of the determination, the minor does not hold a driver's | 2 | | license or permit, the court shall provide that the minor shall | 3 | | not be issued a driver's license or permit until his or her | 4 | | 18th birthday. If the minor holds a driver's license or permit | 5 | | at the time of the determination, the court shall provide that | 6 | | the minor's driver's license or permit shall be revoked until | 7 | | his or her 21st birthday, or until a later date or occurrence | 8 | | determined by the court. If the minor holds a driver's license | 9 | | at the time of the determination, the court may direct the | 10 | | Secretary of State to issue the minor a judicial driving | 11 | | permit, also known as a JDP. The JDP shall be subject to the | 12 | | same terms as a JDP issued under Section 6-206.1 of the | 13 | | Illinois Vehicle Code, except that the court may direct that | 14 | | the JDP be effective immediately.
| 15 | | (12) If a minor is found to be guilty of a violation of
| 16 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 17 | | by Minors Act, the
court may, in its discretion, and upon
| 18 | | recommendation by the State's Attorney, order that minor and | 19 | | his or her parents
or legal
guardian to attend a smoker's | 20 | | education or youth diversion program as defined
in that Act if | 21 | | that
program is available in the jurisdiction where the | 22 | | offender resides.
Attendance at a smoker's education or youth | 23 | | diversion program
shall be time-credited against any community | 24 | | service time imposed for any
first violation of subsection | 25 | | (a-7) of Section 1 of that Act. In addition to any
other
| 26 | | penalty
that the court may impose for a violation of subsection |
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| 1 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 2 | | State's Attorney, may in its discretion
require
the offender to | 3 | | remit a fee for his or her attendance at a smoker's
education | 4 | | or
youth diversion program.
| 5 | | For purposes of this Section, "smoker's education program" | 6 | | or "youth
diversion program" includes, but is not limited to, a | 7 | | seminar designed to
educate a person on the physical and | 8 | | psychological effects of smoking tobacco
products and the | 9 | | health consequences of smoking tobacco products that can be
| 10 | | conducted with a locality's youth diversion program.
| 11 | | In addition to any other penalty that the court may impose | 12 | | under this
subsection
(12):
| 13 | | (a) If a minor violates subsection (a-7) of Section 1 | 14 | | of the Prevention of
Tobacco Use by Minors Act, the court | 15 | | may
impose a sentence of 15 hours of
community service or a | 16 | | fine of $25 for a first violation.
| 17 | | (b) A second violation by a minor of subsection (a-7) | 18 | | of Section 1 of that Act
that occurs
within 12 months after | 19 | | the first violation is punishable by a fine of $50 and
25
| 20 | | hours of community service.
| 21 | | (c) A third or subsequent violation by a minor of | 22 | | subsection (a-7) of Section
1 of that Act
that
occurs | 23 | | within 12 months after the first violation is punishable by | 24 | | a $100
fine
and 30 hours of community service.
| 25 | | (d) Any second or subsequent violation not within the | 26 | | 12-month time period
after the first violation is |
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| 1 | | punishable as provided for a first violation.
| 2 | | (Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, | 3 | | eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09; | 4 | | 96-293, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 5 | | (705 ILCS 405/5-720)
| 6 | | Sec. 5-720. Probation revocation.
| 7 | | (1) If a petition is filed charging a violation of a | 8 | | condition of
probation or of conditional discharge, the court | 9 | | shall:
| 10 | | (a) order the minor to appear; or
| 11 | | (b) order the minor's detention if the court finds that | 12 | | the detention is
a matter of immediate and urgent necessity | 13 | | for the protection of the minor or
of the person or | 14 | | property of another or that the minor is likely to flee the
| 15 | | jurisdiction of the court, provided that any such detention | 16 | | shall be in a
juvenile detention home and the minor so | 17 | | detained shall be 13 10 years of age or
older; and
| 18 | | (c) notify the persons named in the petition under | 19 | | Section 5-520, in
accordance with the provisions of Section | 20 | | 5-530.
| 21 | | In making its detention determination under paragraph (b) | 22 | | of this subsection
(1) of this
Section, the court may use | 23 | | information in its findings offered at such a
hearing by way of | 24 | | proffer based upon reliable information presented by the
State, | 25 | | probation officer, or the minor. The filing of a petition for |
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| 1 | | violation
of a condition of probation or of conditional | 2 | | discharge shall toll the period
of probation or of conditional | 3 | | discharge until the final determination of the
charge, and the | 4 | | term of probation or conditional discharge shall not run until
| 5 | | the hearing and disposition of the petition for violation.
| 6 | | (2) The court shall conduct a hearing of the alleged | 7 | | violation of
probation or of
conditional discharge. The minor | 8 | | shall not be held in detention longer than 15
days pending the | 9 | | determination of the alleged violation.
| 10 | | (3) At the hearing, the State shall have the burden of | 11 | | going forward with
the evidence and proving the violation by a | 12 | | preponderance of the evidence.
The evidence shall be presented | 13 | | in court with the right of confrontation,
cross-examination, | 14 | | and representation by counsel.
| 15 | | (4) If the court finds that the minor has
violated a | 16 | | condition at any time prior to the expiration or termination of | 17 | | the
period of probation or conditional discharge, it
may | 18 | | continue him or her on the existing sentence, with or without | 19 | | modifying
or
enlarging the conditions, or may revoke probation | 20 | | or conditional discharge and
impose any other sentence that was | 21 | | available under Section 5-710 at the time
of the initial | 22 | | sentence.
| 23 | | (5) The conditions of probation and of conditional | 24 | | discharge may be
reduced or enlarged by the court on motion of | 25 | | the probation officer or on its
own motion or at the request of | 26 | | the minor after notice and hearing under this
Section.
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| 1 | | (6) Sentencing after revocation of probation or of | 2 | | conditional discharge
shall be under Section 5-705.
| 3 | | (7) Instead of filing a violation of probation or of | 4 | | conditional
discharge, the probation officer, with the | 5 | | concurrence of his or her
supervisor, may serve on the minor a | 6 | | notice of intermediate sanctions. The
notice shall contain the | 7 | | technical violation or violations involved, the date
or dates | 8 | | of the violation or violations, and the intermediate sanctions | 9 | | to be
imposed. Upon receipt of the notice, the minor shall | 10 | | immediately accept or
reject the intermediate sanctions. If the | 11 | | sanctions are accepted, they shall
be imposed immediately. If | 12 | | the intermediate sanctions are rejected or the
minor does not | 13 | | respond to the notice, a violation
of probation or of | 14 | | conditional discharge shall be immediately filed with the
| 15 | | court. The State's Attorney and the sentencing court shall be | 16 | | notified of the
notice of sanctions. Upon successful completion | 17 | | of the intermediate sanctions,
a court may not revoke probation | 18 | | or conditional discharge or impose additional
sanctions for the | 19 | | same violation. A notice of intermediate sanctions may not
be | 20 | | issued for any violation of probation or conditional discharge | 21 | | which could
warrant an additional, separate felony charge.
| 22 | | (Source: P.A. 90-590, eff. 1-1-99.)
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