Full Text of HB0487 100th General Assembly
HB0487 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0487 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that if a minor has previously been placed on probation for an offense that involves the use or possession of a firearm, the court may not place the minor on probation for any subsequent offense involving the use or possession of a firearm.
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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 5-715 as follows: | 6 | | (705 ILCS 405/5-715)
| 7 | | Sec. 5-715. Probation.
| 8 | | (1) The period of probation or conditional discharge shall | 9 | | not exceed 5
years or until the minor has attained the age of | 10 | | 21 years, whichever is less,
except as provided in this Section | 11 | | for a minor who is found to be guilty
for an offense which is | 12 | | first degree murder. The juvenile court may terminate probation | 13 | | or
conditional discharge and discharge the minor at any time if | 14 | | warranted by the
conduct of the minor and the ends of justice; | 15 | | provided, however, that the
period of probation for a minor who | 16 | | is found to be guilty for an offense which
is first degree | 17 | | murder shall be at
least 5 years.
| 18 | | (1.5) The period of probation for a minor who is found | 19 | | guilty of aggravated criminal sexual assault, criminal sexual | 20 | | assault, or aggravated battery with a firearm shall be at least | 21 | | 36 months. The period of probation for a minor who is found to | 22 | | be guilty of any other Class X felony shall be at least 24 | 23 | | months. The period of probation for a Class 1 or Class 2 |
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| 1 | | forcible felony shall be at least 18 months. Regardless of the | 2 | | length of probation ordered by the court, for all offenses | 3 | | under this paragraph (1.5), the court shall schedule hearings | 4 | | to determine whether it is in the best interest of the minor | 5 | | and public safety to terminate probation after the minimum | 6 | | period of probation has been served. In such a hearing, there | 7 | | shall be a rebuttable presumption that it is in the best | 8 | | interest of the minor and public safety to terminate probation. | 9 | | (2) The court may as a condition of probation or of | 10 | | conditional discharge
require that the minor:
| 11 | | (a) not violate any criminal statute of any | 12 | | jurisdiction;
| 13 | | (b) make a report to and appear in person before any | 14 | | person or agency as
directed by the court;
| 15 | | (c) work or pursue a course of study or vocational | 16 | | training;
| 17 | | (d) undergo medical or psychiatric treatment, rendered | 18 | | by a psychiatrist
or
psychological treatment rendered by a | 19 | | clinical psychologist or social work
services rendered by a | 20 | | clinical social worker, or treatment for drug addiction
or | 21 | | alcoholism;
| 22 | | (e) attend or reside in a facility established for the | 23 | | instruction or
residence of persons on probation;
| 24 | | (f) support his or her dependents, if any;
| 25 | | (g) refrain from possessing a firearm or other | 26 | | dangerous weapon, or an
automobile;
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| 1 | | (h) permit the probation officer to visit him or her at | 2 | | his or her home or
elsewhere;
| 3 | | (i) reside with his or her parents or in a foster home;
| 4 | | (j) attend school;
| 5 | | (j-5) with the consent of the superintendent
of the
| 6 | | facility,
attend an educational program at a facility other | 7 | | than the school
in which the
offense was committed if he
or | 8 | | she committed a crime of violence as
defined in
Section 2 | 9 | | of the Crime Victims Compensation Act in a school, on the
| 10 | | real
property
comprising a school, or within 1,000 feet of | 11 | | the real property comprising a
school;
| 12 | | (k) attend a non-residential program for youth;
| 13 | | (l) make restitution under the terms of subsection (4) | 14 | | of Section 5-710;
| 15 | | (m) contribute to his or her own support at home or in | 16 | | a foster home;
| 17 | | (n) perform some reasonable public or community | 18 | | service;
| 19 | | (o) participate with community corrections programs | 20 | | including unified
delinquency intervention services | 21 | | administered by the Department of Human
Services
subject to | 22 | | Section 5 of the Children and Family Services Act;
| 23 | | (p) pay costs;
| 24 | | (q) serve a term of home confinement. In addition to | 25 | | any other applicable
condition of probation or conditional | 26 | | discharge, the conditions of home
confinement shall be that |
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| 1 | | the minor:
| 2 | | (i) remain within the interior premises of the | 3 | | place designated for his
or her confinement during the | 4 | | hours designated by the court;
| 5 | | (ii) admit any person or agent designated by the | 6 | | court into the minor's
place of confinement at any time | 7 | | for purposes of verifying the minor's
compliance with | 8 | | the conditions of his or her confinement; and
| 9 | | (iii) use an approved electronic monitoring device | 10 | | if ordered by the
court subject to Article 8A of | 11 | | Chapter V of the Unified Code of Corrections;
| 12 | | (r) refrain from entering into a designated geographic | 13 | | area except upon
terms as the court finds appropriate. The | 14 | | terms may include consideration of
the purpose of the | 15 | | entry, the time of day, other persons accompanying the
| 16 | | minor, and advance approval by a probation officer, if the | 17 | | minor has been
placed on probation, or advance approval by | 18 | | the court, if the minor has been
placed on conditional | 19 | | discharge;
| 20 | | (s) refrain from having any contact, directly or | 21 | | indirectly, with certain
specified persons or particular | 22 | | types of persons, including but not limited to
members of | 23 | | street gangs and drug users or dealers;
| 24 | | (s-5) undergo a medical or other procedure to have a | 25 | | tattoo symbolizing
allegiance to a street
gang removed from | 26 | | his or her body;
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| 1 | | (t) refrain from having in his or her body the presence | 2 | | of any illicit
drug
prohibited by the Cannabis Control Act, | 3 | | the Illinois Controlled Substances
Act, or the | 4 | | Methamphetamine Control and Community Protection Act, | 5 | | unless prescribed
by a physician, and shall submit samples | 6 | | of his or her blood or urine or both
for tests to determine | 7 | | the presence of any illicit drug; or
| 8 | | (u) comply with other conditions as may be ordered by | 9 | | the court.
| 10 | | (3) The court may as a condition of probation or of | 11 | | conditional discharge
require that a minor found guilty on any | 12 | | alcohol, cannabis, methamphetamine, or
controlled substance | 13 | | violation, refrain from acquiring a driver's license
during the | 14 | | period of probation or conditional discharge. If the minor is | 15 | | in
possession of a permit or license, the court may require | 16 | | that the minor refrain
from driving or operating any motor | 17 | | vehicle during the period of probation or
conditional | 18 | | discharge, except as may be necessary in the course of the | 19 | | minor's
lawful
employment.
| 20 | | (3.5) The court shall, as a condition of probation or of | 21 | | conditional
discharge,
require that a minor found to be guilty | 22 | | and placed on probation for reasons
that include a
violation of | 23 | | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | 24 | | or
paragraph
(4) of subsection (a) of Section 21-1 of the
| 25 | | Criminal Code of 2012 undergo medical or psychiatric treatment | 26 | | rendered by a
psychiatrist or psychological treatment rendered |
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| 1 | | by a clinical psychologist.
The
condition may be in addition to | 2 | | any other condition.
| 3 | | (3.10) The court shall order that a minor placed on | 4 | | probation or
conditional discharge for a sex offense as defined | 5 | | in the Sex Offender
Management Board Act undergo and | 6 | | successfully complete sex offender treatment.
The treatment | 7 | | shall be in conformance with the standards developed under
the | 8 | | Sex Offender Management Board Act and conducted by a treatment | 9 | | provider
approved by the Board. The treatment shall be at the | 10 | | expense of the person
evaluated based upon that person's | 11 | | ability to pay for the treatment.
| 12 | | (4) A minor on probation or conditional discharge shall be | 13 | | given a
certificate setting forth the conditions upon which he | 14 | | or she is being
released.
| 15 | | (5) The court shall impose upon a minor placed on probation | 16 | | or conditional
discharge, as a condition of the probation or | 17 | | conditional discharge, a fee of
$50 for each month of probation | 18 | | or conditional discharge supervision ordered by
the court, | 19 | | unless after determining the inability of the minor placed on
| 20 | | probation or conditional discharge to pay the fee, the court | 21 | | assesses a lesser
amount. The court may not impose the fee on a | 22 | | minor who is made a ward of the
State under this Act while the | 23 | | minor is in placement. The fee shall be
imposed only upon a | 24 | | minor who is actively supervised by the probation and court
| 25 | | services department. The court may order the parent, guardian, | 26 | | or legal
custodian of the minor to pay some or all of the fee on |
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| 1 | | the minor's behalf.
| 2 | | (5.5) Jurisdiction over an offender may be transferred from | 3 | | the
sentencing court to the court of another circuit with the | 4 | | concurrence
of both courts. Further transfers or retransfers of | 5 | | jurisdiction are
also authorized in the same manner. The court | 6 | | to which jurisdiction has
been transferred shall have the same | 7 | | powers as the sentencing court.
The probation department within | 8 | | the circuit to which jurisdiction has
been transferred, or | 9 | | which has agreed to provide supervision, may
impose probation | 10 | | fees upon receiving the transferred offender, as
provided in | 11 | | subsection (i) of Section 5-6-3 of the Unified Code of | 12 | | Corrections. For all transfer cases, as defined in
Section 9b | 13 | | of the Probation and Probation Officers Act, the probation
| 14 | | department from the original sentencing court shall retain all
| 15 | | probation fees collected prior to the transfer. After the | 16 | | transfer, all
probation fees shall be paid to the probation | 17 | | department within the
circuit to which jurisdiction has been | 18 | | transferred. | 19 | | If the transfer case originated in another state and has | 20 | | been transferred under the Interstate Compact for Juveniles to | 21 | | the jurisdiction of an Illinois circuit court for supervision | 22 | | by an Illinois probation department, probation fees may be | 23 | | imposed only if permitted by the Interstate Commission for | 24 | | Juveniles. | 25 | | (6) The General Assembly finds that in order to protect the | 26 | | public, the
juvenile justice system must compel compliance with |
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| 1 | | the conditions of probation
by responding to violations with | 2 | | swift, certain, and fair punishments and
intermediate | 3 | | sanctions. The Chief Judge of each circuit shall adopt a system
| 4 | | of structured, intermediate sanctions for violations of the | 5 | | terms and
conditions of a sentence of supervision, probation or | 6 | | conditional discharge,
under this
Act.
| 7 | | The court shall provide as a condition of a disposition of | 8 | | probation,
conditional discharge, or supervision, that the | 9 | | probation agency may invoke any
sanction from the list of | 10 | | intermediate sanctions adopted by the chief judge of
the | 11 | | circuit court for violations of the terms and conditions of the | 12 | | sentence of
probation, conditional discharge, or supervision, | 13 | | subject to the provisions of
Section 5-720 of this Act.
| 14 | | (7) If a minor has previously been placed on probation for | 15 | | an offense that involves the use or possession of a firearm, | 16 | | the court may not place the minor on probation for any | 17 | | subsequent offense involving the use or possession of a | 18 | | firearm. | 19 | | (Source: P.A. 98-575, eff. 1-1-14; 99-879, eff. 1-1-17 .)
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