Full Text of HB5012 96th General Assembly
HB5012eng 96TH GENERAL ASSEMBLY
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HB5012 Engrossed |
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LRB096 17641 RLC 32999 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 5-615 and 5-715 as follows:
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| (705 ILCS 405/5-615)
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| Sec. 5-615. Continuance under supervision.
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| (1) The court may enter an order of continuance under | 9 |
| supervision for an
offense other than first degree murder, a | 10 |
| Class X felony or a forcible felony
(a) upon an admission or | 11 |
| stipulation by the appropriate respondent or minor
respondent | 12 |
| of the facts supporting the
petition and before proceeding to | 13 |
| adjudication, or after hearing the evidence
at the trial, and | 14 |
| (b) in the absence of objection made in open court by the
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| minor, his or her parent, guardian, or legal custodian, or the | 16 |
| minor's attorney or
the
State's Attorney .
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| (2) If the minor, his or her parent, guardian, or legal | 18 |
| custodian, or the
minor's
attorney or State's Attorney objects | 19 |
| in open court to any continuance and
insists upon proceeding to | 20 |
| findings and adjudication, the court shall so
proceed.
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| (3) Nothing in this Section limits the power of the court | 22 |
| to order a
continuance of the hearing for the production of | 23 |
| additional evidence or for any
other proper reason.
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| (4) When a hearing where a minor is alleged to be a | 2 |
| delinquent is
continued
pursuant to this Section, the period of | 3 |
| continuance under supervision may not
exceed 24 months. The | 4 |
| court may terminate a continuance under supervision at
any time | 5 |
| if warranted by the conduct of the minor and the ends of | 6 |
| justice.
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| (5) When a hearing where a minor is alleged to be | 8 |
| delinquent is continued
pursuant to this Section, the court | 9 |
| may, as conditions of the continuance under
supervision, | 10 |
| require the minor to do any of the following:
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| (a) not violate any criminal statute of any | 12 |
| jurisdiction;
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| (b) make a report to and appear in person before any | 14 |
| person or agency as
directed by the court;
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| (c) work or pursue a course of study or vocational | 16 |
| training;
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| (d) undergo medical or psychotherapeutic treatment | 18 |
| rendered by a therapist
licensed under the provisions of | 19 |
| the Medical Practice Act of 1987, the
Clinical Psychologist | 20 |
| Licensing Act, or the Clinical Social Work and Social
Work | 21 |
| Practice Act, or an entity licensed by the Department of | 22 |
| Human Services as
a successor to the Department of | 23 |
| Alcoholism and Substance Abuse, for the
provision of drug | 24 |
| addiction and alcoholism treatment;
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| (e) attend or reside in a facility established for the | 26 |
| instruction or
residence of persons on probation;
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| (f) support his or her dependents, if any;
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| (g) pay costs;
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| (h) refrain from possessing a firearm or other | 4 |
| dangerous weapon, or an
automobile;
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| (i) permit the probation officer to visit him or her at | 6 |
| his or her home or
elsewhere;
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| (j) reside with his or her parents or in a foster home;
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| (k) attend school;
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| (k-5) with the consent of the superintendent
of the
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| facility, attend an educational program at a facility other | 11 |
| than the school
in which the
offense was committed if he
or | 12 |
| she committed a crime of violence as
defined in
Section 2 | 13 |
| of the Crime Victims Compensation Act in a school, on the
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| real
property
comprising a school, or within 1,000 feet of | 15 |
| the real property comprising a
school;
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| (l) attend a non-residential program for youth;
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| (m) contribute to his or her own support at home or in | 18 |
| a foster home;
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| (n) perform some reasonable public or community | 20 |
| service;
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| (o) make restitution to the victim, in the same manner | 22 |
| and under the same
conditions as provided in subsection (4) | 23 |
| of Section 5-710, except that the
"sentencing hearing" | 24 |
| referred
to in that Section shall be the adjudicatory | 25 |
| hearing for purposes of this
Section;
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| (p) comply with curfew requirements as designated by |
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| the court;
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| (q) refrain from entering into a designated geographic | 3 |
| area except upon
terms as the court finds appropriate. The | 4 |
| terms may include consideration of
the purpose of the | 5 |
| entry, the time of day, other persons accompanying the
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| minor, and advance approval by a probation officer;
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| (r) refrain from having any contact, directly or | 8 |
| indirectly, with certain
specified persons or particular | 9 |
| types of persons, including but not limited to
members of | 10 |
| street gangs and drug users or dealers;
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| (r-5) undergo a medical or other procedure to have a | 12 |
| tattoo symbolizing
allegiance to a street gang removed from | 13 |
| his or her body;
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| (s) refrain from having in his or her body the presence | 15 |
| of any illicit
drug
prohibited by the Cannabis Control Act, | 16 |
| the Illinois Controlled Substances
Act, or the | 17 |
| Methamphetamine Control and Community Protection Act, | 18 |
| unless prescribed by a physician, and submit samples of his | 19 |
| or her blood
or urine or both for tests to determine the | 20 |
| presence of any illicit drug; or
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| (t) comply with any other conditions as may be ordered | 22 |
| by the court.
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| (6) A minor whose case is continued under supervision under | 24 |
| subsection (5)
shall be given a certificate setting forth the | 25 |
| conditions imposed by the court.
Those conditions may be | 26 |
| reduced, enlarged, or modified by the court on motion
of the |
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| probation officer or on its own motion, or that of the State's | 2 |
| Attorney,
or, at the request of the minor after notice and | 3 |
| hearing.
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| (7) If a petition is filed charging a violation of a | 5 |
| condition of the
continuance under supervision, the court shall | 6 |
| conduct a hearing. If the court
finds that a condition of | 7 |
| supervision has not been fulfilled, the court may
proceed to | 8 |
| findings and adjudication and disposition. The filing of a | 9 |
| petition
for violation of a condition of the continuance under | 10 |
| supervision shall toll
the period of continuance under | 11 |
| supervision until the final determination of
the charge, and | 12 |
| the term of the continuance under supervision shall not run
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| until the hearing and disposition of the petition for | 14 |
| violation; provided
where the petition alleges conduct that | 15 |
| does not constitute a criminal offense,
the hearing must be | 16 |
| held within 30 days of the filing of the petition unless a
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| delay shall continue the tolling of the period of continuance | 18 |
| under supervision
for the period of
the delay.
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| (8) When a hearing in which a minor is alleged to be a | 20 |
| delinquent for
reasons that include a violation of Section | 21 |
| 21-1.3 of the Criminal Code of 1961
is continued under this | 22 |
| Section, the court shall, as a condition of the
continuance | 23 |
| under supervision, require the minor to perform community | 24 |
| service
for not less than 30 and not more than 120 hours, if | 25 |
| community service is
available in the jurisdiction. The | 26 |
| community service shall include, but need
not be limited to, |
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| the cleanup and repair of the damage that was caused by the
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| alleged violation or similar damage to property located in the | 3 |
| municipality or
county in which the alleged violation occurred. | 4 |
| The condition may be in
addition to any other condition.
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| (8.5) When a hearing in which a minor is alleged to be a | 6 |
| delinquent for
reasons
that include a violation of Section 3.02 | 7 |
| or Section 3.03 of the Humane Care for
Animals Act or paragraph | 8 |
| (d) of subsection (1)
of Section
21-1 of the Criminal Code of | 9 |
| 1961 is continued under this Section, the court
shall, as a
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| condition of the continuance under supervision, require the | 11 |
| minor to undergo
medical or
psychiatric treatment rendered by a | 12 |
| psychiatrist or psychological treatment
rendered by a
clinical | 13 |
| psychologist. The condition may be in addition to any other
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| condition.
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| (9) When a hearing in which a minor is alleged to be a | 16 |
| delinquent is
continued under this Section, the court, before | 17 |
| continuing the case, shall make
a finding whether the offense | 18 |
| alleged to have been committed either: (i) was
related to or in | 19 |
| furtherance of the activities of an organized gang or was
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| motivated by the minor's membership in or allegiance to an | 21 |
| organized gang, or
(ii) is a violation of paragraph (13) of | 22 |
| subsection (a) of Section 12-2 of the
Criminal Code of 1961, a | 23 |
| violation of any Section of Article 24 of the
Criminal Code of | 24 |
| 1961, or a violation of any statute that involved the unlawful
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| use of a firearm. If the court determines the question in the | 26 |
| affirmative the
court shall, as a condition of the continuance |
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| under supervision and as part of
or in addition to any other | 2 |
| condition of the supervision,
require the minor to perform | 3 |
| community service for not less than 30 hours,
provided that | 4 |
| community service is available in the
jurisdiction and is | 5 |
| funded and approved by the county board of the county where
the | 6 |
| offense was committed. The community service shall include, but | 7 |
| need not
be limited to, the cleanup and repair of any damage | 8 |
| caused by an alleged
violation of Section 21-1.3 of the | 9 |
| Criminal Code of 1961 and similar damage to
property located in | 10 |
| the municipality or county in which the alleged violation
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| occurred. When possible and reasonable, the community service | 12 |
| shall be
performed in the minor's neighborhood. For the | 13 |
| purposes of this Section,
"organized gang" has the meaning | 14 |
| ascribed to it in Section 10 of the Illinois
Streetgang | 15 |
| Terrorism Omnibus Prevention Act.
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| (10) The court shall impose upon a minor placed on | 17 |
| supervision, as a
condition of the supervision, a fee of $25 | 18 |
| for each month of supervision
ordered by the court, unless | 19 |
| after determining the inability of the minor
placed on | 20 |
| supervision to pay the fee, the court assesses a lesser amount. | 21 |
| The
court may not impose the fee on a minor who is made a ward | 22 |
| of the State under
this Act while the minor is in placement. | 23 |
| The fee shall be imposed only upon a
minor who is actively | 24 |
| supervised by the probation and court services
department. A | 25 |
| court may order the parent, guardian, or legal custodian of the
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| minor to pay some or all of the fee on the minor's behalf.
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LRB096 17641 RLC 32999 b |
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| (11) If a minor is placed on supervision for a violation of
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| subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 3 |
| by Minors Act, the
court may, in its discretion, and upon
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| recommendation by the State's Attorney, order that minor and | 5 |
| his or her parents
or legal
guardian to attend a smoker's | 6 |
| education or youth diversion program as defined
in that Act if | 7 |
| that
program is available in the jurisdiction where the | 8 |
| offender resides.
Attendance at a smoker's education or youth | 9 |
| diversion program
shall be time-credited against any community | 10 |
| service time imposed for any
first violation of subsection | 11 |
| (a-7) of Section 1 of that Act. In addition to any
other
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| penalty
that the court may impose for a violation of subsection | 13 |
| (a-7) of Section 1 of
that Act, the
court, upon request by the | 14 |
| State's Attorney, may in its discretion
require
the offender to | 15 |
| remit a fee for his or her attendance at a smoker's
education | 16 |
| or
youth diversion program.
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| For purposes of this Section, "smoker's education program" | 18 |
| or "youth
diversion program" includes, but is not limited to, a | 19 |
| seminar designed to
educate a person on the physical and | 20 |
| psychological effects of smoking tobacco
products and the | 21 |
| health consequences of smoking tobacco products that can be
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| conducted with a locality's youth diversion program.
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| In addition to any other penalty that the court may impose | 24 |
| under this
subsection
(11):
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| (a) If a minor violates subsection (a-7) of Section 1 | 26 |
| of the Prevention of
Tobacco Use by Minors Act, the court |
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LRB096 17641 RLC 32999 b |
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| may
impose a sentence of 15 hours of
community service or a | 2 |
| fine of $25 for a first violation.
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| (b) A second violation by a minor of subsection (a-7) | 4 |
| of Section 1 of that Act
that occurs
within 12 months after | 5 |
| the first violation is punishable by a fine of $50 and
25
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| hours of community service.
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| (c) A third or subsequent violation by a minor of | 8 |
| subsection (a-7) of Section
1 of that Act
that
occurs | 9 |
| within 12 months after the first violation is punishable by | 10 |
| a $100
fine
and 30 hours of community service.
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| (d) Any second or subsequent violation not within the | 12 |
| 12-month time period
after the first violation is | 13 |
| punishable as provided for a first violation.
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| (Source: P.A. eff. 1-1-00; 96-179, eff. 8-10-09.)
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| (705 ILCS 405/5-715)
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| Sec. 5-715. Probation.
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| (1) The period of probation or conditional discharge shall | 18 |
| not exceed 5
years or until the minor has attained the age of | 19 |
| 21 years, whichever is less,
except as provided in this Section | 20 |
| for a minor who is found to be guilty
for an offense which is | 21 |
| first degree murder, a Class X felony or a forcible
felony. The | 22 |
| juvenile court may terminate probation or
conditional | 23 |
| discharge and discharge the minor at any time if warranted by | 24 |
| the
conduct of the minor and the ends of justice; provided, | 25 |
| however, that the
period of probation for a minor who is found |
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| to be guilty for an offense which
is first degree murder, a | 2 |
| Class X felony, or a forcible felony shall be at
least 5 years.
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| (2) The court may as a condition of probation or of | 4 |
| conditional discharge
require that the minor:
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| (a) not violate any criminal statute of any | 6 |
| jurisdiction;
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| (b) make a report to and appear in person before any | 8 |
| person or agency as
directed by the court;
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| (c) work or pursue a course of study or vocational | 10 |
| training;
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| (d) undergo medical or psychiatric treatment, rendered | 12 |
| by a psychiatrist
or
psychological treatment rendered by a | 13 |
| clinical psychologist or social work
services rendered by a | 14 |
| clinical social worker, or treatment for drug addiction
or | 15 |
| alcoholism;
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| (e) attend or reside in a facility established for the | 17 |
| instruction or
residence of persons on probation;
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| (f) support his or her dependents, if any;
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| (g) refrain from possessing a firearm or other | 20 |
| dangerous weapon, or an
automobile;
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| (h) permit the probation officer to visit him or her at | 22 |
| his or her home or
elsewhere;
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| (i) reside with his or her parents or in a foster home;
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| (j) attend school;
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| (j-5) with the consent of the superintendent
of the
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| facility,
attend an educational program at a facility other |
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LRB096 17641 RLC 32999 b |
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| than the school
in which the
offense was committed if he
or | 2 |
| she committed a crime of violence as
defined in
Section 2 | 3 |
| of the Crime Victims Compensation Act in a school, on the
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| real
property
comprising a school, or within 1,000 feet of | 5 |
| the real property comprising a
school;
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| (k) attend a non-residential program for youth;
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| (l) make restitution under the terms of subsection (4) | 8 |
| of Section 5-710;
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| (m) contribute to his or her own support at home or in | 10 |
| a foster home;
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| (n) perform some reasonable public or community | 12 |
| service;
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| (o) participate with community corrections programs | 14 |
| including unified
delinquency intervention services | 15 |
| administered by the Department of Human
Services
subject to | 16 |
| Section 5 of the Children and Family Services Act;
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| (p) pay costs;
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| (q) serve a term of home confinement. In addition to | 19 |
| any other applicable
condition of probation or conditional | 20 |
| discharge, the conditions of home
confinement shall be that | 21 |
| the minor:
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| (i) remain within the interior premises of the | 23 |
| place designated for his
or her confinement during the | 24 |
| hours designated by the court;
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| (ii) admit any person or agent designated by the | 26 |
| court into the minor's
place of confinement at any time |
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| for purposes of verifying the minor's
compliance with | 2 |
| the conditions of his or her confinement; and
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| (iii) use an approved electronic monitoring device | 4 |
| if ordered by the
court subject to Article 8A of | 5 |
| Chapter V of the Unified Code of Corrections;
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| (r) refrain from entering into a designated geographic | 7 |
| area except upon
terms as the court finds appropriate. The | 8 |
| terms may include consideration of
the purpose of the | 9 |
| entry, the time of day, other persons accompanying the
| 10 |
| minor, and advance approval by a probation officer, if the | 11 |
| minor has been
placed on probation, or advance approval by | 12 |
| the court, if the minor has been
placed on conditional | 13 |
| discharge;
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| (s) refrain from having any contact, directly or | 15 |
| indirectly, with certain
specified persons or particular | 16 |
| types of persons, including but not limited to
members of | 17 |
| street gangs and drug users or dealers;
| 18 |
| (s-5) undergo a medical or other procedure to have a | 19 |
| tattoo symbolizing
allegiance to a street
gang removed from | 20 |
| his or her body;
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| (t) refrain from having in his or her body the presence | 22 |
| of any illicit
drug
prohibited by the Cannabis Control Act, | 23 |
| the Illinois Controlled Substances
Act, or the | 24 |
| Methamphetamine Control and Community Protection Act, | 25 |
| unless prescribed
by a physician, and shall submit samples | 26 |
| of his or her blood or urine or both
for tests to determine |
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| the presence of any illicit drug; or
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| (u) comply with other conditions as may be ordered by | 3 |
| the court.
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| (3) The court may as a condition of probation or of | 5 |
| conditional discharge
require that a minor found guilty on any | 6 |
| alcohol, cannabis, methamphetamine, or
controlled substance | 7 |
| violation, refrain from acquiring a driver's license
during the | 8 |
| period of probation or conditional discharge. If the minor is | 9 |
| in
possession of a permit or license, the court may require | 10 |
| that the minor refrain
from driving or operating any motor | 11 |
| vehicle during the period of probation or
conditional | 12 |
| discharge, except as may be necessary in the course of the | 13 |
| minor's
lawful
employment.
| 14 |
| (3.5) The court shall, as a condition of probation or of | 15 |
| conditional
discharge,
require that a minor found to be guilty | 16 |
| and placed on probation for reasons
that include a
violation of | 17 |
| Section 3.02 or Section 3.03 of the Humane Care for Animals Act | 18 |
| or
paragraph
(d) of subsection (1) of Section 21-1 of the
| 19 |
| Criminal Code of 1961 undergo medical or psychiatric treatment | 20 |
| rendered by a
psychiatrist or psychological treatment rendered | 21 |
| by a clinical psychologist.
The
condition may be in addition to | 22 |
| any other condition.
| 23 |
| (3.10) The court shall order that a minor placed on | 24 |
| probation or
conditional discharge for a sex offense as defined | 25 |
| in the Sex Offender
Management Board Act undergo and | 26 |
| successfully complete sex offender treatment.
The treatment |
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| shall be in conformance with the standards developed under
the | 2 |
| Sex Offender Management Board Act and conducted by a treatment | 3 |
| provider
approved by the Board. The treatment shall be at the | 4 |
| expense of the person
evaluated based upon that person's | 5 |
| ability to pay for the treatment.
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| (4) A minor on probation or conditional discharge shall be | 7 |
| given a
certificate setting forth the conditions upon which he | 8 |
| or she is being
released.
| 9 |
| (5) The court shall impose upon a minor placed on probation | 10 |
| or conditional
discharge, as a condition of the probation or | 11 |
| conditional discharge, a fee of
$25 for each month of probation | 12 |
| or conditional discharge supervision ordered by
the court, | 13 |
| unless after determining the inability of the minor placed on
| 14 |
| probation or conditional discharge to pay the fee, the court | 15 |
| assesses a lesser
amount. The court may not impose the fee on a | 16 |
| minor who is made a ward of the
State under this Act while the | 17 |
| minor is in placement. The fee shall be
imposed only upon a | 18 |
| minor who is actively supervised by the probation and court
| 19 |
| services department. The court may order the parent, guardian, | 20 |
| or legal
custodian of the minor to pay some or all of the fee on | 21 |
| the minor's behalf.
| 22 |
| (6) The General Assembly finds that in order to protect the | 23 |
| public, the
juvenile justice system must compel compliance with | 24 |
| the conditions of probation
by responding to violations with | 25 |
| swift, certain, and fair punishments and
intermediate | 26 |
| sanctions. The Chief Judge of each circuit shall adopt a system
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| of structured, intermediate sanctions for violations of the | 2 |
| terms and
conditions of a sentence of supervision, probation or | 3 |
| conditional discharge,
under this
Act.
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| The court shall provide as a condition of a disposition of | 5 |
| probation,
conditional discharge, or supervision, that the | 6 |
| probation agency may invoke any
sanction from the list of | 7 |
| intermediate sanctions adopted by the chief judge of
the | 8 |
| circuit court for violations of the terms and conditions of the | 9 |
| sentence of
probation, conditional discharge, or supervision, | 10 |
| subject to the provisions of
Section 5-720 of this Act.
| 11 |
| (7) At the successful completion of probation of any first | 12 |
| time offender only, a minor may move to vacate a finding of | 13 |
| delinquency. Unless good cause is shown, such motion to vacate | 14 |
| must be filed within 30 days of the entry of the order | 15 |
| terminating probation or discharging the minor. The court shall | 16 |
| on its own motion or on motion of the minor, his or her parent, | 17 |
| guardian, or legal custodian vacate any finding made in the | 18 |
| course of a
proceeding under this Article and enter a judgment | 19 |
| of dismissal. | 20 |
| (8) A motion to vacate a finding of delinquency under this | 21 |
| Section is limited to minors: | 22 |
| (A) with no previous findings of delinquency; | 23 |
| (B) who have successfully completed the terms and | 24 |
| conditions of probation; | 25 |
| (C) with no other matters pending; and | 26 |
| (D) without any other findings or convictions. |
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| This subsection (8) does not apply to adjudications based | 2 |
| upon any homicide, use of a deadly weapon, or sex offenses | 3 |
| which would be felonies if committed by an adult. | 4 |
| (9) The Court shall consider among other factors: | 5 |
| (A) the nature and seriousness of the alleged offense; | 6 |
| (B) history and characteristics of the defendant; | 7 |
| (C) academic performance and recommendations; | 8 |
| (D) work performance and recommendations; | 9 |
| (E) recommendations from treatment or service | 10 |
| providers; | 11 |
| (F) restitution; | 12 |
| (G) maturity; | 13 |
| (H) age at the time of the offense; and | 14 |
| (I) probation or youth officer recommendation, or | 15 |
| both. | 16 |
| (10) Once a motion to vacate a finding of_delinquency has | 17 |
| been granted,
the case shall be treated as if it never | 18 |
| occurred, and the person may not be required to disclose that | 19 |
| he or she had a juvenile record. However, nothing in this | 20 |
| paragraph (10) prohibits the judge, State's Attorney, or minor | 21 |
| from reviewing the juvenile record of the minor, including the | 22 |
| proceedings that resulted in the vacation of the finding of | 23 |
| delinquency. | 24 |
| (11) This amendatory Act of the 96th General Assembly shall | 25 |
| govern all motions pending at the time of its effective date. | 26 |
| (Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)
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HB5012 Engrossed |
- 17 - |
LRB096 17641 RLC 32999 b |
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| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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