Full Text of HB6290 99th General Assembly
HB6290 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6290 Introduced 2/11/2016, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that in no event shall a minor guilty of an offense under the Illinois Controlled Substances Act be committed to the Department of Juvenile Justice.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-710 as follows:
| 6 | | (705 ILCS 405/5-710)
| 7 | | Sec. 5-710. Kinds of sentencing orders.
| 8 | | (1) The following kinds of sentencing orders may be made in | 9 | | respect of
wards of the court:
| 10 | | (a) Except as provided in Sections 5-805, 5-810, 5-815, | 11 | | a minor who is
found
guilty under Section 5-620 may be:
| 12 | | (i) put on probation or conditional discharge and | 13 | | released to his or her
parents, guardian or legal | 14 | | custodian, provided, however, that any such minor
who | 15 | | is not committed to the Department of Juvenile Justice | 16 | | under
this subsection and who is found to be a | 17 | | delinquent for an offense which is
first degree murder, | 18 | | a Class X felony, or a forcible felony shall be placed | 19 | | on
probation;
| 20 | | (ii) placed in accordance with Section 5-740, with | 21 | | or without also being
put on probation or conditional | 22 | | discharge;
| 23 | | (iii) required to undergo a substance abuse |
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| 1 | | assessment conducted by a
licensed provider and | 2 | | participate in the indicated clinical level of care;
| 3 | | (iv) on and after the effective date of this | 4 | | amendatory Act of the 98th General Assembly and before | 5 | | January 1, 2017, placed in the guardianship of the | 6 | | Department of Children and Family
Services, but only if | 7 | | the delinquent minor is under 16 years of age or, | 8 | | pursuant to Article II of this Act, a minor for whom an | 9 | | independent basis of abuse, neglect, or dependency | 10 | | exists. On and after January 1, 2017, placed in the | 11 | | guardianship of the Department of Children and Family
| 12 | | Services, but only if the delinquent minor is under 15 | 13 | | years of age or, pursuant to Article II of this Act, a | 14 | | minor for whom an independent basis of abuse, neglect, | 15 | | or dependency exists. An independent basis exists when | 16 | | the allegations or adjudication of abuse, neglect, or | 17 | | dependency do not arise from the same facts, incident, | 18 | | or circumstances which give rise to a charge or | 19 | | adjudication of delinquency;
| 20 | | (v) placed in detention for a period not to exceed | 21 | | 30 days, either as
the
exclusive order of disposition | 22 | | or, where appropriate, in conjunction with any
other | 23 | | order of disposition issued under this paragraph, | 24 | | provided that any such
detention shall be in a juvenile | 25 | | detention home and the minor so detained shall
be 10 | 26 | | years of age or older. However, the 30-day limitation |
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| 1 | | may be extended by
further order of the court for a | 2 | | minor under age 15 committed to the Department
of | 3 | | Children and Family Services if the court finds that | 4 | | the minor is a danger
to himself or others. The minor | 5 | | shall be given credit on the sentencing order
of | 6 | | detention for time spent in detention under Sections | 7 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 8 | | result of the offense for which the sentencing order | 9 | | was imposed.
The court may grant credit on a sentencing | 10 | | order of detention entered under a
violation of | 11 | | probation or violation of conditional discharge under | 12 | | Section
5-720 of this Article for time spent in | 13 | | detention before the filing of the
petition
alleging | 14 | | the violation. A minor shall not be deprived of credit | 15 | | for time spent
in detention before the filing of a | 16 | | violation of probation or conditional
discharge | 17 | | alleging the same or related act or acts. The | 18 | | limitation that the minor shall only be placed in a | 19 | | juvenile detention home does not apply as follows: | 20 | | Persons 18 years of age and older who have a | 21 | | petition of delinquency filed against them may be | 22 | | confined in an adult detention facility. In making a | 23 | | determination whether to confine a person 18 years of | 24 | | age or older who has a petition of delinquency filed | 25 | | against the person, these factors, among other | 26 | | matters, shall be considered: |
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| 1 | | (A) the age of the person; | 2 | | (B) any previous delinquent or criminal | 3 | | history of the person; | 4 | | (C) any previous abuse or neglect history of | 5 | | the person; | 6 | | (D) any mental health history of the person; | 7 | | and | 8 | | (E) any educational history of the person;
| 9 | | (vi) ordered partially or completely emancipated | 10 | | in accordance with the
provisions of the Emancipation | 11 | | of Minors Act;
| 12 | | (vii) subject to having his or her driver's license | 13 | | or driving
privileges
suspended for such time as | 14 | | determined by the court but only until he or she
| 15 | | attains 18 years of age;
| 16 | | (viii) put on probation or conditional discharge | 17 | | and placed in detention
under Section 3-6039 of the | 18 | | Counties Code for a period not to exceed the period
of | 19 | | incarceration permitted by law for adults found guilty | 20 | | of the same offense
or offenses for which the minor was | 21 | | adjudicated delinquent, and in any event no
longer than | 22 | | upon attainment of age 21; this subdivision (viii) | 23 | | notwithstanding
any contrary provision of the 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 home detention under Part | 2 | | 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 a term of imprisonment in the | 8 | | penitentiary system of the Department of Corrections is | 9 | | permitted by law for
adults found guilty of the offense for | 10 | | which the minor was adjudicated
delinquent. The court shall | 11 | | include in the sentencing order any pre-custody credits the | 12 | | minor is entitled to under Section 5-4.5-100 of the Unified | 13 | | Code of Corrections. The time during which a minor is in | 14 | | custody before being released
upon the request of a parent, | 15 | | guardian or legal custodian shall also be considered
as | 16 | | time spent in custody.
| 17 | | (c) When a minor is found to be guilty for an offense | 18 | | which is a violation
of the Illinois Controlled Substances | 19 | | Act, the Cannabis Control Act, or the Methamphetamine | 20 | | Control and Community Protection Act and made
a ward of the | 21 | | court, the court may enter a disposition order requiring | 22 | | the
minor to undergo assessment,
counseling or treatment in | 23 | | a substance abuse program approved by the Department
of | 24 | | Human Services.
| 25 | | (2) Any sentencing order other than commitment to the | 26 | | Department of
Juvenile Justice may provide for protective |
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| 1 | | supervision under
Section 5-725 and may include an order of | 2 | | protection under Section 5-730.
| 3 | | (3) Unless the sentencing order expressly so provides, it | 4 | | does not operate
to close proceedings on the pending petition, | 5 | | but is subject to modification
until final closing and | 6 | | discharge of the proceedings under Section 5-750.
| 7 | | (4) In addition to any other sentence, the court may order | 8 | | any
minor
found to be delinquent to make restitution, in | 9 | | monetary or non-monetary form,
under the terms and conditions | 10 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 11 | | that the "presentencing hearing" referred to in that
Section
| 12 | | shall be
the sentencing hearing for purposes of this Section. | 13 | | The parent, guardian or
legal custodian of the minor may be | 14 | | ordered by the court to pay some or all of
the restitution on | 15 | | the minor's behalf, pursuant to the Parental Responsibility
| 16 | | Law. The State's Attorney is authorized to act
on behalf of any | 17 | | victim in seeking restitution in proceedings under this
| 18 | | Section, up to the maximum amount allowed in Section 5 of the | 19 | | Parental
Responsibility Law.
| 20 | | (5) Any sentencing order where the minor is committed or | 21 | | placed in
accordance
with Section 5-740 shall provide for the | 22 | | parents or guardian of the estate of
the minor to pay to the | 23 | | legal custodian or guardian of the person of the minor
such | 24 | | sums as are determined by the custodian or guardian of the | 25 | | person of the
minor as necessary for the minor's needs. The | 26 | | payments may not exceed the
maximum amounts provided for by |
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| 1 | | Section 9.1 of the Children and Family Services
Act.
| 2 | | (6) Whenever the sentencing order requires the minor to | 3 | | attend school or
participate in a program of training, the | 4 | | truant officer or designated school
official shall regularly | 5 | | report to the court if the minor is a chronic or
habitual | 6 | | truant under Section 26-2a of the School Code. Notwithstanding | 7 | | any other provision of this Act, in instances in which | 8 | | educational services are to be provided to a minor in a | 9 | | residential facility where the minor has been placed by the | 10 | | court, costs incurred in the provision of those educational | 11 | | services must be allocated based on the requirements of the | 12 | | School Code.
| 13 | | (7) In no event shall a guilty minor be committed to the | 14 | | Department of
Juvenile Justice for a period of time in
excess | 15 | | of
that period for which an adult could be committed for the | 16 | | same act. The court shall include in the sentencing order a | 17 | | limitation on the period of confinement not to exceed the | 18 | | maximum period of imprisonment the court could impose under | 19 | | Article V of the Unified Code of Corrections.
| 20 | | (7.5) In no event shall a guilty minor be committed to the | 21 | | Department of Juvenile Justice or placed in detention when the | 22 | | act for which the minor was adjudicated delinquent would not be | 23 | | illegal if committed by an adult. | 24 | | (7.75) In no event shall a guilty minor be committed to the | 25 | | Department of Juvenile Justice for an offense that is a | 26 | | violation of the Illinois Controlled Substances Act. |
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| 1 | | (8) A minor found to be guilty for reasons that include a | 2 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012 shall be ordered to perform
community | 4 | | service for not less than 30 and not more than 120 hours, if
| 5 | | community service is available in the jurisdiction. The | 6 | | community service
shall include, but need not be limited to, | 7 | | the cleanup and repair of the damage
that was caused by the | 8 | | violation or similar damage to property located in the
| 9 | | municipality or county in which the violation occurred. The | 10 | | order may be in
addition to any other order authorized by this | 11 | | Section.
| 12 | | (8.5) A minor found to be guilty for reasons that include a | 13 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 14 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 15 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 16 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 17 | | shall be ordered to undergo medical or psychiatric treatment | 18 | | rendered by
a
psychiatrist or psychological treatment rendered | 19 | | by a clinical psychologist.
The order
may be in addition to any | 20 | | other order authorized by this Section.
| 21 | | (9) In addition to any other sentencing order, the court | 22 | | shall order any
minor found
to be guilty for an act which would | 23 | | constitute, predatory criminal sexual
assault of a child, | 24 | | aggravated criminal sexual assault, criminal sexual
assault, | 25 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 26 | | committed by an
adult to undergo medical testing to determine |
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| 1 | | whether the defendant has any
sexually transmissible disease | 2 | | including a test for infection with human
immunodeficiency | 3 | | virus (HIV) or any other identified causative agency of
| 4 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 5 | | shall be performed
only by appropriately licensed medical | 6 | | practitioners and may include an
analysis of any bodily fluids | 7 | | as well as an examination of the minor's person.
Except as | 8 | | otherwise provided by law, the results of the test shall be | 9 | | kept
strictly confidential by all medical personnel involved in | 10 | | the testing and must
be personally delivered in a sealed | 11 | | envelope to the judge of the court in which
the sentencing | 12 | | order was entered for the judge's inspection in camera. Acting
| 13 | | in accordance with the best interests of the victim and the | 14 | | public, the judge
shall have the discretion to determine to | 15 | | whom the results of the testing may
be revealed. The court | 16 | | shall notify the minor of the results of the test for
infection | 17 | | with the human immunodeficiency virus (HIV). The court shall | 18 | | also
notify the victim if requested by the victim, and if the | 19 | | victim is under the
age of 15 and if requested by the victim's | 20 | | parents or legal guardian, the court
shall notify the victim's | 21 | | parents or the legal guardian, of the results of the
test for | 22 | | infection with the human immunodeficiency virus (HIV). The | 23 | | court
shall provide information on the availability of HIV | 24 | | testing and counseling at
the Department of Public Health | 25 | | facilities to all parties to whom the
results of the testing | 26 | | are revealed. The court shall order that the cost of
any test |
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| 1 | | shall be paid by the county and may be taxed as costs against | 2 | | the
minor.
| 3 | | (10) When a court finds a minor to be guilty the court | 4 | | shall, before
entering a sentencing order under this Section, | 5 | | make a finding whether the
offense committed either: (a) was | 6 | | related to or in furtherance of the criminal
activities of an | 7 | | organized gang or was motivated by the minor's membership in
or | 8 | | allegiance to an organized gang, or (b) involved a violation of
| 9 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 10 | | or the Criminal Code of 2012, a violation of
any
Section of | 11 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 12 | | 2012, or a violation of any
statute that involved the wrongful | 13 | | use of a firearm. If the court determines
the question in the | 14 | | affirmative,
and the court does not commit the minor to the | 15 | | Department of Juvenile Justice, the court shall order the minor | 16 | | to perform community service
for not less than 30 hours nor | 17 | | more than 120 hours, provided that community
service is | 18 | | available in the jurisdiction and is funded and approved by the
| 19 | | county board of the county where the offense was committed. The | 20 | | community
service shall include, but need not be limited to, | 21 | | the cleanup and repair of
any damage caused by a violation of | 22 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012
and similar damage to property located in the | 24 | | municipality or county in which
the violation occurred. When | 25 | | possible and reasonable, the community service
shall be | 26 | | performed in the minor's neighborhood. This order shall be in
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| 1 | | addition to any other order authorized by this Section
except | 2 | | for an order to place the minor in the custody of the | 3 | | Department of
Juvenile Justice. For the purposes of this | 4 | | Section, "organized
gang" has the meaning ascribed to it in | 5 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 6 | | Prevention Act.
| 7 | | (11) If the court determines that the offense was committed | 8 | | in furtherance of the criminal activities of an organized gang, | 9 | | as provided in subsection (10), and that the offense involved | 10 | | the operation or use of a motor vehicle or the use of a | 11 | | driver's license or permit, the court shall notify the | 12 | | Secretary of State of that determination and of the period for | 13 | | which the minor shall be denied driving privileges. If, at the | 14 | | time of the determination, the minor does not hold a driver's | 15 | | license or permit, the court shall provide that the minor shall | 16 | | not be issued a driver's license or permit until his or her | 17 | | 18th birthday. If the minor holds a driver's license or permit | 18 | | at the time of the determination, the court shall provide that | 19 | | the minor's driver's license or permit shall be revoked until | 20 | | his or her 21st birthday, or until a later date or occurrence | 21 | | determined by the court. If the minor holds a driver's license | 22 | | at the time of the determination, the court may direct the | 23 | | Secretary of State to issue the minor a judicial driving | 24 | | permit, also known as a JDP. The JDP shall be subject to the | 25 | | same terms as a JDP issued under Section 6-206.1 of the | 26 | | Illinois Vehicle Code, except that the court may direct that |
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| 1 | | the JDP be effective immediately.
| 2 | | (12) If a minor is found to be guilty of a violation of
| 3 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 4 | | by Minors Act, the
court may, in its discretion, and upon
| 5 | | recommendation by the State's Attorney, order that minor and | 6 | | his or her parents
or legal
guardian to attend a smoker's | 7 | | education or youth diversion program as defined
in that Act if | 8 | | that
program is available in the jurisdiction where the | 9 | | offender resides.
Attendance at a smoker's education or youth | 10 | | diversion program
shall be time-credited against any community | 11 | | service time imposed for any
first violation of subsection | 12 | | (a-7) of Section 1 of that Act. In addition to any
other
| 13 | | penalty
that the court may impose for a violation of subsection | 14 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 15 | | State's Attorney, may in its discretion
require
the offender to | 16 | | remit a fee for his or her attendance at a smoker's
education | 17 | | or
youth diversion program.
| 18 | | For purposes of this Section, "smoker's education program" | 19 | | or "youth
diversion program" includes, but is not limited to, a | 20 | | seminar designed to
educate a person on the physical and | 21 | | psychological effects of smoking tobacco
products and the | 22 | | health consequences of smoking tobacco products that can be
| 23 | | conducted with a locality's youth diversion program.
| 24 | | In addition to any other penalty that the court may impose | 25 | | under this
subsection
(12):
| 26 | | (a) If a minor violates subsection (a-7) of Section 1 |
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| 1 | | of the Prevention of
Tobacco Use by Minors Act, the court | 2 | | may
impose a sentence of 15 hours of
community service or a | 3 | | fine of $25 for a first violation.
| 4 | | (b) A second violation by a minor of subsection (a-7) | 5 | | of Section 1 of that Act
that occurs
within 12 months after | 6 | | the first violation is punishable by a fine of $50 and
25
| 7 | | hours of community service.
| 8 | | (c) A third or subsequent violation by a minor of | 9 | | subsection (a-7) of Section
1 of that Act
that
occurs | 10 | | within 12 months after the first violation is punishable by | 11 | | a $100
fine
and 30 hours of community service.
| 12 | | (d) Any second or subsequent violation not within the | 13 | | 12-month time period
after the first violation is | 14 | | punishable as provided for a first violation.
| 15 | | (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; | 16 | | 99-268, eff. 1-1-16 .)
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