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90_HB3653
705 ILCS 405/5-710
Amends the Juvenile Justice Reform Provisions of 1998 of
the Juvenile Court Act of 1987. Requires a delinquent minor
to be placed in detention for at least 12 consecutive hours
in addition to any other sentence that may be imposed by the
Court.
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1 AN ACT in relation to juveniles.
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, if
5 and only if Senate Bill 363 of the 90th General Assembly
6 becomes law, by changing Section 5-710 as follows:
7 (705 ILCS 405/5-710)
8 Sec. 5-710. Kinds of sentencing orders.
9 (1) The following kinds of sentencing orders may be made
10 in respect of wards of the court:
11 (a) Except as provided in Sections 5-805, 5-810,
12 5-815, a minor who is found guilty under Section 5-620
13 may be:
14 (i) put on probation or conditional discharge
15 and released to his or her parents, guardian or
16 legal custodian, provided, however, that any such
17 minor who is not committed to the Department of
18 Corrections, Juvenile Division under this subsection
19 and who is found to be a delinquent for an offense
20 which is first degree murder, a Class X felony, or a
21 forcible felony shall be placed on probation;
22 (ii) placed in accordance with Section 5-740,
23 with or without also being put on probation or
24 conditional discharge;
25 (iii) required to undergo a substance abuse
26 assessment conducted by a licensed provider and
27 participate in the indicated clinical level of care;
28 (iv) placed in the guardianship of the
29 Department of Children and Family Services, but only
30 if the delinquent minor is under 13 years of age;
31 (v) placed in detention for a period not to
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1 exceed 30 days, in addition to the mandatory
2 detention prescribed in subsection (11), either as
3 the exclusive order of disposition or, where
4 appropriate, in conjunction with any other order of
5 disposition issued under this paragraph, provided
6 that any such detention shall be in a juvenile
7 detention home and the minor so detained shall be 10
8 years of age or older. However, the 30-day
9 limitation may be extended by further order of the
10 court for a minor under age 13 committed to the
11 Department of Children and Family Services if the
12 court finds that the minor is a danger to himself or
13 others. The minor shall be given credit on the
14 sentencing order of detention for time spent in
15 detention under Sections 5-501, 5-601, 5-710, or
16 5-720 of this Article as a result of the offense for
17 which the sentencing order was imposed. The court
18 may grant credit on a sentencing order of detention
19 entered under a violation of probation or violation
20 of conditional discharge under Section 5-720 of this
21 Article for time spent in detention before the
22 filing of the petition alleging the violation. A
23 minor shall not be deprived of credit for time spent
24 in detention before the filing of a violation of
25 probation or conditional discharge alleging the same
26 or related act or acts;
27 (vi) ordered partially or completely
28 emancipated in accordance with the provisions of the
29 Emancipation of Mature Minors Act;
30 (vii) subject to having his or her driver's
31 license or driving privileges suspended for such
32 time as determined by the court but only until he or
33 she attains 18 years of age; or
34 (viii) put on probation or conditional
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1 discharge and placed in detention under Section
2 3-6039 of the Counties Code for a period not to
3 exceed the period of incarceration permitted by law
4 for adults found guilty of the same offense or
5 offenses for which the minor was adjudicated
6 delinquent, and in any event no longer than upon
7 attainment of age 21; this subdivision (viii)
8 notwithstanding any contrary provision of the law.
9 (b) A minor found to be guilty may be committed to
10 the Department of Corrections, Juvenile Division, under
11 Section 5-750 if the minor is 13 years of age or older,
12 provided that the commitment to the Department of
13 Corrections, Juvenile Division, shall be made only if a
14 term of incarceration is permitted by law for adults
15 found guilty of the offense for which the minor was
16 adjudicated delinquent. The time during which a minor is
17 in custody before being released upon the request of a
18 parent, guardian or legal custodian shall be considered
19 as time spent in detention.
20 (c) When a minor is found to be guilty for an
21 offense which is a violation of the Illinois Controlled
22 Substances Act or the Cannabis Control Act and made a
23 ward of the court, the court may enter a disposition
24 order requiring the minor to undergo assessment,
25 counseling or treatment in a substance abuse program
26 approved by the Department of Human Services.
27 (2) Any sentencing order other than commitment to the
28 Department of Corrections, Juvenile Division, may provide for
29 protective supervision under Section 5-725 and may include an
30 order of protection under Section 5-730.
31 (3) Unless the sentencing order expressly so provides,
32 it does not operate to close proceedings on the pending
33 petition, but is subject to modification until final closing
34 and discharge of the proceedings under Section 5-750.
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1 (4) In addition to any other sentence, the court may
2 order any minor found to be delinquent to make restitution,
3 in monetary or non-monetary form, under the terms and
4 conditions of Section 5-5-6 of the Unified Code of
5 Corrections, except that the "presentencing hearing" referred
6 to in that Section shall be the sentencing hearing for
7 purposes of this Section. The parent, guardian or legal
8 custodian of the minor may be ordered by the court to pay
9 some or all of the restitution on the minor's behalf,
10 pursuant to the Parental Responsibility Law. The State's
11 Attorney is authorized to act on behalf of any victim in
12 seeking restitution in proceedings under this Section, up to
13 the maximum amount allowed in Section 5 of the Parental
14 Responsibility Law.
15 (5) Any sentencing order where the minor is committed or
16 placed in accordance with Section 5-740 shall provide for the
17 parents or guardian of the estate of the minor to pay to the
18 legal custodian or guardian of the person of the minor such
19 sums as are determined by the custodian or guardian of the
20 person of the minor as necessary for the minor's needs. The
21 payments may not exceed the maximum amounts provided for by
22 Section 9.1 of the Children and Family Services Act.
23 (6) Whenever the sentencing order requires the minor to
24 attend school or participate in a program of training, the
25 truant officer or designated school official shall regularly
26 report to the court if the minor is a chronic or habitual
27 truant under Section 26-2a of the School Code.
28 (7) In no event shall a guilty minor be committed to the
29 Department of Corrections, Juvenile Division for a period of
30 time in excess of that period for which an adult could be
31 committed for the same act.
32 (8) A minor found to be guilty for reasons that include
33 a violation of Section 21-1.3 of the Criminal Code of 1961
34 shall be ordered to perform community service for not less
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1 than 30 and not more than 120 hours, if community service is
2 available in the jurisdiction. The community service shall
3 include, but need not be limited to, the cleanup and repair
4 of the damage that was caused by the violation or similar
5 damage to property located in the municipality or county in
6 which the violation occurred. The order may be in addition
7 to any other order authorized by this Section.
8 (9) In addition to any other sentencing order, the court
9 shall order any minor found to be guilty for an act which
10 would constitute, predatory criminal sexual assault of a
11 child, aggravated criminal sexual assault, criminal sexual
12 assault, aggravated criminal sexual abuse, or criminal sexual
13 abuse if committed by an adult to undergo medical testing to
14 determine whether the defendant has any sexually
15 transmissible disease including a test for infection with
16 human immunodeficiency virus (HIV) or any other identified
17 causative agency of acquired immunodeficiency syndrome
18 (AIDS). Any medical test shall be performed only by
19 appropriately licensed medical practitioners and may include
20 an analysis of any bodily fluids as well as an examination of
21 the minor's person. Except as otherwise provided by law, the
22 results of the test shall be kept strictly confidential by
23 all medical personnel involved in the testing and must be
24 personally delivered in a sealed envelope to the judge of the
25 court in which the sentencing order was entered for the
26 judge's inspection in camera. Acting in accordance with the
27 best interests of the victim and the public, the judge shall
28 have the discretion to determine to whom the results of the
29 testing may be revealed. The court shall notify the minor of
30 the results of the test for infection with the human
31 immunodeficiency virus (HIV). The court shall also notify
32 the victim if requested by the victim, and if the victim is
33 under the age of 15 and if requested by the victim's parents
34 or legal guardian, the court shall notify the victim's
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1 parents or the legal guardian, of the results of the test for
2 infection with the human immunodeficiency virus (HIV). The
3 court shall provide information on the availability of HIV
4 testing and counseling at the Department of Public Health
5 facilities to all parties to whom the results of the testing
6 are revealed. The court shall order that the cost of any
7 test shall be paid by the county and may be taxed as costs
8 against the minor.
9 (10) When a court finds a minor to be guilty the court
10 shall, before entering a sentencing order under this Section,
11 make a finding whether the offense committed either: (a) was
12 related to or in furtherance of the criminal activities of an
13 organized gang or was motivated by the minor's membership in
14 or allegiance to an organized gang, or (b) involved a
15 violation of subsection (a) of Section 12-7.1 of the Criminal
16 Code of 1961, a violation of any Section of Article 24 of the
17 Criminal Code of 1961, or a violation of any statute that
18 involved the wrongful use of a firearm. If the court
19 determines the question in the affirmative, and the court
20 does not commit the minor to the Department of Corrections,
21 Juvenile Division, the court shall order the minor to perform
22 community service for not less than 30 hours nor more than
23 120 hours, provided that community service is available in
24 the jurisdiction and is funded and approved by the county
25 board of the county where the offense was committed. The
26 community service shall include, but need not be limited to,
27 the cleanup and repair of any damage caused by a violation of
28 Section 21-1.3 of the Criminal Code of 1961 and similar
29 damage to property located in the municipality or county in
30 which the violation occurred. When possible and reasonable,
31 the community service shall be performed in the minor's
32 neighborhood. This order shall be in addition to any other
33 order authorized by this Section except for an order to place
34 the minor in the custody of the Department of Corrections,
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1 Juvenile Division. For the purposes of this Section,
2 "organized gang" has the meaning ascribed to it in Section 10
3 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
4 (11) In addition to any other sentencing order, the
5 Court shall order any minor who is found guilty under Section
6 5-620 to be placed in detention for a minimum of 12
7 consecutive hours. This detention shall not be subject to
8 suspension, nor shall the minor be eligible for probation
9 under Section 5-715 in order to reduce the sentence.
10 (Source: 90SB0363enr.)