(705 ILCS 405/5-710)
(Text of Section from P.A. 103-22) Sec. 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 the minor's 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 the minor 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 the minor's driver's
|
| license or driving privileges suspended for such time as determined by the court but only until the minor 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 the minor's 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
minor
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
Section
shall be
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
Responsibility Law.
(5) Any sentencing order where the minor is committed or placed in
accordance
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
Act.
(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
excess of
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
Section
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
of
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
a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The order
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
minor found
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
minor.
(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
any
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 the minor's 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 the minor's 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.
(12) (Blank).
(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 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
minor
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
Section
shall be
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
Responsibility Law.
(5) Any sentencing order where the minor is committed or placed in
accordance
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
Act.
(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
excess of
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. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian.
(8.5) A minor found to be guilty for reasons that include a violation of
Section
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
of
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
a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The order
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
minor found
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.
(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
any
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. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. 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.
(12) (Blank).
(13) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, relating to any sentencing order shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian. The inability of a minor, or minor's parent, guardian, or legal custodian, to cover the costs associated with an appropriate sentencing order shall not be the basis for the court to enter a sentencing order incongruent with the court's findings regarding the offense on which the minor was adjudicated or the mitigating factors.
(Source: P.A. 102-558, eff. 8-20-21; 103-379, eff. 7-28-23.)
|
(705 ILCS 405/5-715)
(Text of Section from P.A. 103-22) Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not exceed 5
years or until the minor has attained the age of 21 years, whichever is less,
except as provided in this Section for a minor who is found to be guilty
for an offense which is first degree murder. The juvenile court may terminate probation or
conditional discharge and discharge the minor at any time if warranted by the
conduct of the minor and the ends of justice; provided, however, that the
period of probation for a minor who is found to be guilty for an offense which
is first degree murder shall be at
least 5 years.
(1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation. (2) The court may as a condition of probation or of conditional discharge
require that the minor:
(a) not violate any criminal statute of any |
|
(b) make a report to and appear in person before any
|
| person or agency as directed by the court;
|
|
(c) work or pursue a course of study or vocational
|
|
(d) undergo medical or psychiatric treatment,
|
| rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
|
|
(e) attend or reside in a facility established for
|
| the instruction or residence of persons on probation;
|
|
(f) support the minor's dependents, if any;
(g) refrain from possessing a firearm or other
|
| dangerous weapon, or an automobile;
|
|
(h) permit the probation officer to visit the minor
|
| at the minor's home or elsewhere;
|
|
(i) reside with the minor's parents or in a foster
|
|
(j) attend school;
(j-5) with the consent of the superintendent of the
|
| facility, attend an educational program at a facility other than the school in which the offense was committed if the minor committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
|
|
(m) contribute to the minor's own support at home or
|
|
(n) perform some reasonable public or community
|
|
(o) participate with community corrections programs
|
| including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
|
|
(p) pay costs;
(q) serve a term of home confinement. In addition to
|
| any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
|
|
(i) remain within the interior premises of the
|
| place designated for the minor's confinement during the hours designated by the court;
|
|
(ii) admit any person or agent designated by the
|
| court into the minor's place of confinement at any time for purposes of verifying the minor's compliance with the conditions of the minor's confinement; and
|
|
(iii) use an approved electronic monitoring
|
| device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
|
|
(r) refrain from entering into a designated
|
| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
|
|
(s) refrain from having any contact, directly or
|
| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(s-5) undergo a medical or other procedure to have a
|
| tattoo symbolizing allegiance to a street gang removed from the minor's body;
|
|
(t) refrain from having in the minor's body the
|
| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of the minor's blood or urine or both for tests to determine the presence of any illicit drug; or
|
|
(u) comply with other conditions as may be ordered by
|
|
(3) The court may as a condition of probation or of conditional discharge
require that a minor found guilty on any alcohol, cannabis, methamphetamine, or
controlled substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that the minor refrain
from driving or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of the minor's
lawful
employment.
(3.5) The court shall, as a condition of probation or of conditional
discharge,
require that a minor found to be guilty and placed on probation for reasons
that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The
condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or
conditional discharge for a sex offense as defined in the Sex Offender
Management Board Act undergo and successfully complete sex offender treatment.
The treatment shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a treatment provider
approved by the Board. The treatment shall be at the expense of the person
evaluated based upon that person's ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which the minor is being
released.
(5) The court shall impose upon a minor placed on probation or conditional
discharge, as a condition of the probation or conditional discharge, a fee of
$50 for each month of probation or conditional discharge supervision ordered by
the court, unless after determining the inability of the minor placed on
probation or conditional discharge to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act while the minor is in placement. The fee shall be
imposed only upon a minor who is actively supervised by the probation and court
services department. The court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the minor's behalf.
(5.5) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts. Further transfers or retransfers of jurisdiction are
also authorized in the same manner. The court to which jurisdiction has
been transferred shall have the same powers as the sentencing court.
The probation department within the circuit to which jurisdiction has
been transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender, as
provided in subsection (i) of Section 5-6-3 of the Unified Code of Corrections. For all transfer cases, as defined in
Section 9b of the Probation and Probation Officers Act, the probation
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the transfer, all
probation fees shall be paid to the probation department within the
circuit to which jurisdiction has been transferred.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the
juvenile justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the terms and
conditions of a sentence of supervision, probation or conditional discharge,
under this
Act.
The court shall provide as a condition of a disposition of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-720 of this Act.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not exceed 5
years or until the minor has attained the age of 21 years, whichever is less,
except as provided in this Section for a minor who is found to be guilty
for an offense which is first degree murder. The juvenile court may terminate probation or
conditional discharge and discharge the minor at any time if warranted by the
conduct of the minor and the ends of justice; provided, however, that the
period of probation for a minor who is found to be guilty for an offense which
is first degree murder shall be at
least 5 years.
(1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation.
(2) The court may as a condition of probation or of conditional discharge
require that the minor:
(a) not violate any criminal statute of any
|
|
(b) make a report to and appear in person before any
|
| person or agency as directed by the court;
|
|
(c) work or pursue a course of study or vocational
|
|
(d) undergo medical or psychiatric treatment,
|
| rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
|
|
(e) attend or reside in a facility established for
|
| the instruction or residence of persons on probation;
|
|
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
|
| dangerous weapon, or an automobile;
|
|
(h) permit the probation officer to visit him or her
|
| at his or her home or elsewhere;
|
|
(i) reside with his or her parents or in a foster
|
|
(j) attend school;
(j-5) with the consent of the superintendent of the
|
| facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
|
|
(m) provide nonfinancial contributions to his or her
|
| own support at home or in a foster home;
|
|
(n) perform some reasonable public or community
|
| service that does not interfere with school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian;
|
|
(o) participate with community corrections programs
|
| including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
|
|
(p) (blank);
(q) serve a term of home confinement. In addition to
|
| any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
|
|
(i) remain within the interior premises of the
|
| place designated for his or her confinement during the hours designated by the court;
|
|
(ii) admit any person or agent designated by the
|
| court into the minor's place of confinement at any time for purposes of verifying the minor's compliance with the conditions of his or her confinement; and
|
|
(iii) use an approved electronic monitoring
|
| device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
|
|
(r) refrain from entering into a designated
|
| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
|
|
(s) refrain from having any contact, directly or
|
| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(s-5) undergo a medical or other procedure to have a
|
| tattoo symbolizing allegiance to a street gang removed from his or her body;
|
|
(t) refrain from having in his or her body the
|
| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or
|
|
(u) comply with other conditions as may be ordered by
|
|
(3) The court may as a condition of probation or of conditional discharge
require that a minor found guilty on any alcohol, cannabis, methamphetamine, or
controlled substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that the minor refrain
from driving or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of the minor's
lawful
employment.
(3.5) The court shall, as a condition of probation or of conditional
discharge,
require that a minor found to be guilty and placed on probation for reasons
that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The
condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or
conditional discharge for a sex offense as defined in the Sex Offender
Management Board Act undergo and successfully complete sex offender treatment.
The treatment shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a treatment provider
approved by the Board.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which he or she is being
released.
(5) (Blank).
(5.5) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts. Further transfers or retransfers of jurisdiction are
also authorized in the same manner. The court to which jurisdiction has
been transferred shall have the same powers as the sentencing court.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the
juvenile justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the terms and
conditions of a sentence of supervision, probation or conditional discharge,
under this
Act.
The court shall provide as a condition of a disposition of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-720 of this Act.
(7) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of probation, conditional discharge, or supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving probation, conditional discharge, or supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on probation, conditional discharge, or supervision.
(Source: P.A. 103-379, eff. 7-28-23.)
|
(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile Justice. (1) Except as provided in subsection (2) of this Section, when any
delinquent has been adjudged a ward of the court under this Act, the court may
commit the minor to the Department of Juvenile Justice, if it
finds
that (a) the minor's parents, guardian or legal custodian are unfit or are
unable, for
some reason other than financial circumstances alone, to care for, protect,
train or discipline the minor, or are unwilling to do so,
and the best interests of the minor and
the public will not be served by placement under Section 5-740,
or it is
necessary to ensure the protection of the public from the consequences of
criminal activity of the delinquent; and (b)
commitment to the Department of Juvenile Justice is the least
restrictive alternative based on evidence that efforts were
made to locate less restrictive alternatives to secure
confinement and the reasons why efforts were unsuccessful in
locating a less restrictive alternative to secure confinement. Before the court commits a minor to the Department of Juvenile Justice, it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors: (A) Age of the minor. (B) Criminal background of the minor. (C) Review of results of any assessments of the |
| minor, including child centered assessments such as the CANS.
|
|
(D) Educational background of the minor, indicating
|
| whether the minor has ever been assessed for a learning disability, and if so what services were provided as well as any disciplinary incidents at school.
|
|
(E) Physical, mental and emotional health of the
|
| minor, indicating whether the minor has ever been diagnosed with a health issue and if so what services were provided and whether the minor was compliant with services.
|
|
(F) Community based services that have been provided
|
| to the minor, and whether the minor was compliant with the services, and the reason the services were unsuccessful.
|
|
(G) Services within the Department of Juvenile
|
| Justice that will meet the individualized needs of the minor.
|
|
(1.5) Before the court commits a minor to the Department of Juvenile Justice, the court must find reasonable efforts have been made to prevent or eliminate the need for the minor to be removed from the home, or reasonable efforts cannot, at this time, for good cause, prevent or eliminate the need for removal, and removal from home is in the best interests of the minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is adjudged delinquent
for the offense of first degree murder, the court shall declare the minor a
ward of the court and order the minor committed to the Department of
Juvenile Justice until the minor's 21st birthday, without the
possibility of aftercare release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the Department of
Juvenile Justice, except that the time that a minor spent in custody for the instant
offense before being committed to the Department of Juvenile Justice shall be considered as time
credited towards that 5 year period. Upon release from a Department facility, a minor adjudged delinquent for first degree murder shall be placed on aftercare release until the age of 21, unless sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with this Act or as otherwise provided for by law. Nothing in this subsection (2) shall
preclude the State's Attorney from seeking to prosecute a minor as an adult as
an alternative to proceeding under this Act.
(3) Except as provided in subsection (2), the commitment of a
delinquent to the Department of Juvenile Justice shall be for an indeterminate term
which shall automatically terminate upon the delinquent attaining the age of 21
years or upon completion of that period for which an adult could be committed for the same act, whichever occurs sooner, unless the delinquent is sooner discharged from aftercare release or custodianship
is otherwise terminated in accordance with this Act or as otherwise provided
for by law.
(3.5) Every delinquent minor committed to the Department of Juvenile Justice under this Act shall be eligible for aftercare release without regard to the length of time the minor has been confined or whether the minor has served any minimum term imposed. Aftercare release shall be administered by the Department of Juvenile Justice, under the direction of the Director. Unless sooner discharged, the Department of Juvenile Justice shall discharge a minor from aftercare release upon completion of the following aftercare release terms:
(a) One and a half years from the date a minor is
|
| released from a Department facility, if the minor was committed for a Class X felony;
|
|
(b) One year from the date a minor is released
|
| from a Department facility, if the minor was committed for a Class 1 or 2 felony; and
|
|
(c) Six months from the date a minor is released
|
| from a Department facility, if the minor was committed for a Class 3 felony or lesser offense.
|
|
(4) When the court commits a minor to the Department of Juvenile Justice, it
shall order the minor conveyed forthwith to the appropriate reception station
or
other place designated by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the
minor. The clerk of the court shall issue to the
Director of Juvenile Justice a certified copy of the order,
which constitutes proof of the Director's authority. No other process need
issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile Justice, the clerk of the court shall forward to the Department:
(a) the sentencing order and copies of committing
|
|
(b) all reports;
(c) the court's statement of the basis for ordering
|
|
(d) any sex offender evaluations;
(e) any risk assessment or substance abuse
|
| treatment eligibility screening and assessment of the minor by an agent designated by the State to provide assessment services for the courts;
|
|
(f) the number of days, if any, which the minor
|
| has been in custody and for which the minor is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
|
|
(g) any medical or mental health records or
|
|
(h) the municipality where the arrest of the minor
|
| occurred, the commission of the offense occurred, and the minor resided at the time of commission;
|
|
(h-5) a report detailing the minor's criminal history
|
| in a manner and form prescribed by the Department of Juvenile Justice;
|
|
(i) all additional matters which the court directs
|
| the clerk to transmit; and
|
|
(j) all police reports for sex offenses as defined by
|
| the Sex Offender Management Board Act.
|
|
(6) Whenever the Department of Juvenile Justice lawfully discharges from its
custody and
control a minor committed to it, the Director of Juvenile Justice shall petition the court for an order terminating the minor's
custodianship. The custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to the Department of Juvenile Justice who resides in this State is charged under the criminal laws of this State, the criminal laws of any other state, or federal law with an offense that could result in a sentence of imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. If the minor is found guilty of the criminal charge and sentenced to a term of imprisonment in the penitentiary system of the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice shall be automatically terminated. If the criminal charge is dismissed, the minor is found not guilty, or the minor completes a criminal sentence other than imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the previously imposed commitment to the Department of Juvenile Justice and the full aftercare release term shall be automatically reinstated unless custodianship is sooner terminated. Nothing in this subsection (7) shall preclude the court from ordering another sentence under Section 5-710 of this Act or from terminating the Department's custodianship while the commitment to the Department is suspended.
(Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
|