Illinois Compiled Statutes
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705 ILCS 405/5-710
(705 ILCS 405/5-710)
Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in respect of
wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and
5-815, a minor who is found guilty under Section 5-620 may be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal custodian, provided, however, that any such minor who is not committed to the Department of Juvenile Justice under this subsection and who is found to be a delinquent for an offense which is first degree murder, a Class X felony, or a forcible felony shall be placed on probation;
(ii) placed in accordance with Section 5-740,
with or without also being put on probation or conditional discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and participate in the indicated clinical level of care;
(iv) on and after January 1, 2015 (the effective
date of Public Act 98-803) and before January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 16 years of age or, pursuant to Article II of this Act, a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists. On and after January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 15 years of age or, pursuant to Article II of this Act, a minor for whom an independent basis of abuse, neglect, or dependency exists. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency;
(v) placed in detention for a period not to
exceed 30 days, either as the exclusive order of disposition or, where appropriate, in conjunction with any other order of disposition issued under this paragraph, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older. However, the 30-day limitation may be extended by further order of the court for a minor under age 15 committed to the Department of Children and Family Services if the court finds that the minor is a danger to himself or others. The minor shall be given credit on the sentencing order of detention for time spent in detention under Sections 5-501, 5-601, 5-710, or 5-720 of this Article as a result of the offense for which the sentencing order was imposed. The court may grant credit on a sentencing order of detention entered under a violation of probation or violation of conditional discharge under Section 5-720 of this Article for time spent in detention before the filing of the petition alleging the violation. A minor shall not be deprived of credit for time spent in detention before the filing of a violation of probation or conditional discharge alleging the same or related act or acts. The limitation that the minor shall only be placed in a juvenile detention home does not apply as follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
(C) any previous abuse or neglect history of
(D) any mental health history of the person;
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation of Minors Act;
(vii) subject to having his or her driver's
license or driving privileges suspended for such time as determined by the court but only until he or she attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the Counties Code for a period not to exceed the period of incarceration permitted by law for adults found guilty of the same offense or offenses for which the minor was adjudicated delinquent, and in any event no longer than upon attainment of age 21; this subdivision (viii) notwithstanding any contrary provision of the law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body; or
(x) placed in electronic monitoring or home
detention under Part 7A of this Article.
(b) A minor found to be guilty may be committed to
the Department of Juvenile Justice under Section 5-750 if the minor is at least 13 years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. The court shall include in the sentencing order any pre-custody credits the minor is entitled to under Section 5-4.5-100 of the Unified Code of Corrections. The time during which a minor is in custody before being released upon the request of a parent, guardian or legal custodian shall also be considered as time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and made a ward of the court, the court may enter a disposition order requiring the minor to undergo assessment, counseling or treatment in a substance use disorder treatment program approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the Department of
Juvenile Justice may provide for protective supervision under
Section 5-725 and may include an order of protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it does not operate
to close proceedings on the pending petition, but is subject to modification
until final closing and discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order any
found to be delinquent to make restitution, in monetary or non-monetary form,
under the terms and conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentencing hearing" referred to in that
the sentencing hearing for purposes of this Section. The parent, guardian or
legal custodian of the minor may be ordered by the court to pay some or all of
the restitution on the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act
on behalf of any victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the Parental
(5) Any sentencing order where the minor is committed or placed in
with Section 5-740 shall provide for the parents or guardian of the estate of
the minor to pay to the legal custodian or guardian of the person of the minor
such sums as are determined by the custodian or guardian of the person of the
minor as necessary for the minor's needs. The payments may not exceed the
maximum amounts provided for by Section 9.1 of the Children and Family Services
(6) Whenever the sentencing order requires the minor to attend school or
participate in a program of training, the truant officer or designated school
official shall regularly report to the court if the minor is a chronic or
habitual truant under Section 26-2a of the School Code. Notwithstanding any other provision of this Act, in instances in which educational services are to be provided to a minor in a residential facility where the minor has been placed by the court, costs incurred in the provision of those educational services must be allocated based on the requirements of the School Code.
(7) In no event shall a guilty minor be committed to the Department of
Juvenile Justice for a period of time in
that period for which an adult could be committed for the same act. The court shall include in the sentencing order a limitation on the period of confinement not to exceed the maximum period of imprisonment the court could impose under Chapter V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the Department of Juvenile Justice or placed in detention when the act for which the minor was adjudicated delinquent would not be illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense which is a Class 4 felony under Section 19-4 (criminal trespass to a residence), 21-1 (criminal damage to property), 21-1.01 (criminal damage to government supported property), 21-1.3 (criminal defacement of property), 26-1 (disorderly conduct), or 31-4 (obstructing justice) of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act unless the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming.
(8) A minor found to be guilty for reasons that include a violation of
Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be ordered to perform
community service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The community service
shall include, but need not be limited to, the cleanup and repair of the damage
that was caused by the violation or similar damage to property located in the
municipality or county in which the violation occurred. The order may be in
addition to any other order authorized by this Section.
(8.5) A minor found to be guilty for reasons that include a violation of
3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of
subsection (1) of
Section 21-1 of
the Criminal Code
1961 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 shall be ordered to undergo medical or psychiatric treatment rendered by
psychiatrist or psychological treatment rendered by a clinical psychologist.
may be in addition to any other order authorized by this Section.
(9) In addition to any other sentencing order, the court shall order any
to be guilty for an act which would constitute, predatory criminal sexual
assault of a child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an
adult to undergo medical testing to determine whether the defendant has any
sexually transmissible disease including a test for infection with human
immunodeficiency virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test shall be performed
only by appropriately licensed medical practitioners and may include an
analysis of any bodily fluids as well as an examination of the minor's person.
Except as otherwise provided by law, the results of the test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the sentencing order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom the results of the testing may
be revealed. The court shall notify the minor of the results of the test for
infection with the human immunodeficiency virus (HIV). The court shall also
notify the victim if requested by the victim, and if the victim is under the
age of 15 and if requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or the legal guardian, of the results of the
test for infection with the human immunodeficiency virus (HIV). The court
shall provide information on the availability of HIV testing and counseling at
the Department of Public Health facilities to all parties to whom the
results of the testing are revealed. The court shall order that the cost of
any test shall be paid by the county and may be taxed as costs against the
(10) When a court finds a minor to be guilty the court shall, before
entering a sentencing order under this Section, make a finding whether the
offense committed either: (a) was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of
Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any
statute that involved the wrongful use of a firearm. If the court determines
the question in the affirmative,
and the court does not commit the minor to the Department of Juvenile Justice, the court shall order the minor to perform community service
for not less than 30 hours nor more than 120 hours, provided that community
service is available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The community
service shall include, but need not be limited to, the cleanup and repair of
any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012
and similar damage to property located in the municipality or county in which
the violation occurred. When possible and reasonable, the community service
shall be performed in the minor's neighborhood. This order shall be in
addition to any other order authorized by this Section
except for an order to place the minor in the custody of the Department of
Juvenile Justice. For the purposes of this Section, "organized
gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), and that the offense involved the operation or use of a motor vehicle or the use of a driver's license or permit, the court shall notify the Secretary of State of that determination and of the period for which the minor shall be denied driving privileges. If, at the time of the determination, the minor does not hold a driver's license or permit, the court shall provide that the minor shall not be issued a driver's license or permit until his or her 18th birthday. If the minor holds a driver's license or permit at the time of the determination, the court shall provide that the minor's driver's license or permit shall be revoked until his or her 21st birthday, or until a later date or occurrence determined by the court. If the minor holds a driver's license at the time of the determination, the court may direct the Secretary of State to issue the minor a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6-206.1 of the Illinois Vehicle Code, except that the court may direct that the JDP be effective immediately.
(Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19; 101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)