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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0400eng SB400 Engrossed LRB9100875RCks 1 AN ACT to amend the Juvenile Court Act of 1987 by 2 changing Sections 5-615, 5-710, 5-715. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Juvenile Court Act of 1987 is amended by 6 changing Sections 5-615, 5-710, 5-715 as follows: 7 (705 ILCS 405/5-615) 8 Sec. 5-615. Continuance under supervision. 9 (1) The court may enter an order of continuance under 10 supervision for an offense other than first degree murder, a 11 Class X felony or a forcible felony (a) upon an admission or 12 stipulation by the appropriate respondent or minor respondent 13 of the facts supporting the petition and before proceeding to 14 adjudication, or after hearing the evidence at the trial, and 15 (b) in the absence of objection made in open court by the 16 minor, his or her parent, guardian, or legal custodian, the 17 minor's attorney or the State's Attorney. 18 (2) If the minor, his or her parent, guardian, or legal 19 custodian, the minor's attorney or State's Attorney objects 20 in open court to any continuance and insists upon proceeding 21 to findings and adjudication, the court shall so proceed. 22 (3) Nothing in this Section limits the power of the 23 court to order a continuance of the hearing for the 24 production of additional evidence or for any other proper 25 reason. 26 (4) When a hearing where a minor is alleged to be a 27 delinquent is continued pursuant to this Section, the period 28 of continuance under supervision may not exceed 24 months. 29 The court may terminate a continuance under supervision at 30 any time if warranted by the conduct of the minor and the 31 ends of justice. SB400 Engrossed -2- LRB9100875RCks 1 (5) When a hearing where a minor is alleged to be 2 delinquent is continued pursuant to this Section, the court 3 may, as conditions of the continuance under supervision, 4 require the minor to do any of the following: 5 (a) not violate any criminal statute of any 6 jurisdiction; 7 (b) make a report to and appear in person before 8 any person or agency as directed by the court; 9 (c) work or pursue a course of study or vocational 10 training; 11 (d) undergo medical or psychotherapeutic treatment 12 rendered by a therapist licensed under the provisions of 13 the Medical Practice Act of 1987, the Clinical 14 Psychologist Licensing Act, or the Clinical Social Work 15 and Social Work Practice Act, or an entity licensed by 16 the Department of Human Services as a successor to the 17 Department of Alcoholism and Substance Abuse, for the 18 provision of drug addiction and alcoholism treatment; 19 (e) attend or reside in a facility established for 20 the instruction or residence of persons on probation; 21 (f) support his or her dependents, if any; 22 (g) pay costs; 23 (h) refrain from possessing a firearm or other 24 dangerous weapon, or an automobile; 25 (i) permit the probation officer to visit him or 26 her at his or her home or elsewhere; 27 (j) reside with his or her parents or in a foster 28 home; 29 (k) attend school; 30 (l) attend a non-residential program for youth; 31 (m) contribute to his or her own support at home or 32 in a foster home; 33 (n) perform some reasonable public or community 34 service; SB400 Engrossed -3- LRB9100875RCks 1 (o) make restitution to the victim, in the same 2 manner and under the same conditions as provided in 3 subsection (4) of Section 5-710, except that the 4 "sentencing hearing" referred to in that Section shall be 5 the adjudicatory hearing for purposes of this Section; 6 (p) comply with curfew requirements as designated 7 by the court; 8 (q) refrain from entering into a designated 9 geographic area except upon terms as the court finds 10 appropriate. The terms may include consideration of the 11 purpose of the entry, the time of day, other persons 12 accompanying the minor, and advance approval by a 13 probation officer; 14 (r) refrain from having any contact, directly or 15 indirectly, with certain specified persons or particular 16 types of persons, including but not limited to members of 17 street gangs and drug users or dealers; 18 (r-5) undergo a medical or other procedure to have 19 a tattoo symbolizing allegiance to a street gang removed 20 from his or her body; 21 (s) refrain from having in his or her body the 22 presence of any illicit drug prohibited by the Cannabis 23 Control Act or the Illinois Controlled Substances Act, 24 unless prescribed by a physician, and submit samples of 25 his or her blood or urine or both for tests to determine 26 the presence of any illicit drug; or 27 (t) comply with any other conditions as may be 28 ordered by the court. 29 (6) A minor whose case is continued under supervision 30 under subsection (5) shall be given a certificate setting 31 forth the conditions imposed by the court. Those conditions 32 may be reduced, enlarged, or modified by the court on motion 33 of the probation officer or on its own motion, or that of the 34 State's Attorney, or, at the request of the minor after SB400 Engrossed -4- LRB9100875RCks 1 notice and hearing. 2 (7) If a petition is filed charging a violation of a 3 condition of the continuance under supervision, the court 4 shall conduct a hearing. If the court finds that a condition 5 of supervision has not been fulfilled, the court may proceed 6 to findings and adjudication and disposition. The filing of 7 a petition for violation of a condition of the continuance 8 under supervision shall toll the period of continuance under 9 supervision until the final determination of the charge, and 10 the term of the continuance under supervision shall not run 11 until the hearing and disposition of the petition for 12 violation; provided where the petition alleges conduct that 13 does not constitute a criminal offense, the hearing must be 14 held within 30 days of the filing of the petition unless a 15 delay shall continue the tolling of the period of continuance 16 under supervision for the period of the delay. 17 (8) When a hearing in which a minor is alleged to be a 18 delinquent for reasons that include a violation of Section 19 21-1.3 of the Criminal Code of 1961 is continued under this 20 Section, the court shall, as a condition of the continuance 21 under supervision, require the minor to perform community 22 service for not less than 30 and not more than 120 hours, if 23 community service is available in the jurisdiction. The 24 community service shall include, but need not be limited to, 25 the cleanup and repair of the damage that was caused by the 26 alleged violation or similar damage to property located in 27 the municipality or county in which the alleged violation 28 occurred. The condition may be in addition to any other 29 condition. 30 (9) When a hearing in which a minor is alleged to be a 31 delinquent is continued under this Section, the court, before 32 continuing the case, shall make a finding whether the offense 33 alleged to have been committed either: (i) was related to or 34 in furtherance of the activities of an organized gang or was SB400 Engrossed -5- LRB9100875RCks 1 motivated by the minor's membership in or allegiance to an 2 organized gang, or (ii) is a violation of paragraph (13) of 3 subsection (a) of Section 12-2 of the Criminal Code of 1961, 4 a violation of any Section of Article 24 of the Criminal Code 5 of 1961, or a violation of any statute that involved the 6 unlawful use of a firearm. If the court determines the 7 question in the affirmative the court shall, as a condition 8 of the continuance under supervision and as part of or in 9 addition to any other condition of the supervision, require 10 the minor to perform community service for not less than 30 11 hours nor more than 120 hours, provided that community 12 service is available in the jurisdiction and is funded and 13 approved by the county board of the county where the offense 14 was committed. The community service shall include, but need 15 not be limited to, the cleanup and repair of any damage 16 caused by an alleged violation of Section 21-1.3 of the 17 Criminal Code of 1961 and similar damage to property located 18 in the municipality or county in which the alleged violation 19 occurred. When possible and reasonable, the community 20 service shall be performed in the minor's neighborhood. For 21 the purposes of this Section, "organized gang" has the 22 meaning ascribed to it in Section 10 of the Illinois 23 Streetgang Terrorism Omnibus Prevention Act. 24 (10) The court shall impose upon a minor placed on 25 supervision, as a condition of the supervision, a fee of $25 26 for each month of supervision ordered by the court, unless 27 after determining the inability of the minor placed on 28 supervision to pay the fee, the court assesses a lesser 29 amount. The court may not impose the fee on a minor who is 30 made a ward of the State under this Act while the minor is in 31 placement. The fee shall be imposed only upon a minor who is 32 actively supervised by the probation and court services 33 department. A court may order the parent, guardian, or legal 34 custodian of the minor to pay some or all of the fee on the SB400 Engrossed -6- LRB9100875RCks 1 minor's behalf. 2 (Source: P.A. 90-590, eff. 1-1-99.) 3 (705 ILCS 405/5-710) 4 Sec. 5-710. Kinds of sentencing orders. 5 (1) The following kinds of sentencing orders may be made 6 in respect of wards of the court: 7 (a) Except as provided in Sections 5-805, 5-810, 8 5-815, a minor who is found guilty under Section 5-620 9 may be: 10 (i) put on probation or conditional discharge 11 and released to his or her parents, guardian or 12 legal custodian, provided, however, that any such 13 minor who is not committed to the Department of 14 Corrections, Juvenile Division under this subsection 15 and who is found to be a delinquent for an offense 16 which is first degree murder, a Class X felony, or a 17 forcible felony shall be placed on probation; 18 (ii) placed in accordance with Section 5-740, 19 with or without also being put on probation or 20 conditional discharge; 21 (iii) required to undergo a substance abuse 22 assessment conducted by a licensed provider and 23 participate in the indicated clinical level of care; 24 (iv) placed in the guardianship of the 25 Department of Children and Family Services, but only 26 if the delinquent minor is under 13 years of age; 27 (v) placed in detention for a period not to 28 exceed 30 days, either as the exclusive order of 29 disposition or, where appropriate, in conjunction 30 with any other order of disposition issued under 31 this paragraph, provided that any such detention 32 shall be in a juvenile detention home and the minor 33 so detained shall be 10 years of age or older. SB400 Engrossed -7- LRB9100875RCks 1 However, the 30-day limitation may be extended by 2 further order of the court for a minor under age 13 3 committed to the Department of Children and Family 4 Services if the court finds that the minor is a 5 danger to himself or others. The minor shall be 6 given credit on the sentencing order of detention 7 for time spent in detention under Sections 5-501, 8 5-601, 5-710, or 5-720 of this Article as a result 9 of the offense for which the sentencing order was 10 imposed. The court may grant credit on a sentencing 11 order of detention entered under a violation of 12 probation or violation of conditional discharge 13 under Section 5-720 of this Article for time spent 14 in detention before the filing of the petition 15 alleging the violation. A minor shall not be 16 deprived of credit for time spent in detention 17 before the filing of a violation of probation or 18 conditional discharge alleging the same or related 19 act or acts; 20 (vi) ordered partially or completely 21 emancipated in accordance with the provisions of the 22 Emancipation of Mature Minors Act; 23 (vii) subject to having his or her driver's 24 license or driving privileges suspended for such 25 time as determined by the court but only until he or 26 she attains 18 years of age;or27 (viii) put on probation or conditional 28 discharge and placed in detention under Section 29 3-6039 of the Counties Code for a period not to 30 exceed the period of incarceration permitted by law 31 for adults found guilty of the same offense or 32 offenses for which the minor was adjudicated 33 delinquent, and in any event no longer than upon 34 attainment of age 21; this subdivision (viii) SB400 Engrossed -8- LRB9100875RCks 1 notwithstanding any contrary provision of the law; 2 or.3 (ix) ordered to undergo a medical or other 4 procedure to have a tattoo symbolizing allegiance to 5 a street gang removed from his or her body. 6 (b) A minor found to be guilty may be committed to 7 the Department of Corrections, Juvenile Division, under 8 Section 5-750 if the minor is 13 years of age or older, 9 provided that the commitment to the Department of 10 Corrections, Juvenile Division, shall be made only if a 11 term of incarceration is permitted by law for adults 12 found guilty of the offense for which the minor was 13 adjudicated delinquent. The time during which a minor is 14 in custody before being released upon the request of a 15 parent, guardian or legal custodian shall be considered 16 as time spent in detention. 17 (c) When a minor is found to be guilty for an 18 offense which is a violation of the Illinois Controlled 19 Substances Act or the Cannabis Control Act and made a 20 ward of the court, the court may enter a disposition 21 order requiring the minor to undergo assessment, 22 counseling or treatment in a substance abuse program 23 approved by the Department of Human Services. 24 (2) Any sentencing order other than commitment to the 25 Department of Corrections, Juvenile Division, may provide for 26 protective supervision under Section 5-725 and may include an 27 order of protection under Section 5-730. 28 (3) Unless the sentencing order expressly so provides, 29 it does not operate to close proceedings on the pending 30 petition, but is subject to modification until final closing 31 and discharge of the proceedings under Section 5-750. 32 (4) In addition to any other sentence, the court may 33 order any minor found to be delinquent to make restitution, 34 in monetary or non-monetary form, under the terms and SB400 Engrossed -9- LRB9100875RCks 1 conditions of Section 5-5-6 of the Unified Code of 2 Corrections, except that the "presentencing hearing" referred 3 to in that Section shall be the sentencing hearing for 4 purposes of this Section. The parent, guardian or legal 5 custodian of the minor may be ordered by the court to pay 6 some or all of the restitution on the minor's behalf, 7 pursuant to the Parental Responsibility Law. The State's 8 Attorney is authorized to act on behalf of any victim in 9 seeking restitution in proceedings under this Section, up to 10 the maximum amount allowed in Section 5 of the Parental 11 Responsibility Law. 12 (5) Any sentencing order where the minor is committed or 13 placed in accordance with Section 5-740 shall provide for the 14 parents or guardian of the estate of the minor to pay to the 15 legal custodian or guardian of the person of the minor such 16 sums as are determined by the custodian or guardian of the 17 person of the minor as necessary for the minor's needs. The 18 payments may not exceed the maximum amounts provided for by 19 Section 9.1 of the Children and Family Services Act. 20 (6) Whenever the sentencing order requires the minor to 21 attend school or participate in a program of training, the 22 truant officer or designated school official shall regularly 23 report to the court if the minor is a chronic or habitual 24 truant under Section 26-2a of the School Code. 25 (7) In no event shall a guilty minor be committed to the 26 Department of Corrections, Juvenile Division for a period of 27 time in excess of that period for which an adult could be 28 committed for the same act. 29 (8) A minor found to be guilty for reasons that include 30 a violation of Section 21-1.3 of the Criminal Code of 1961 31 shall be ordered to perform community service for not less 32 than 30 and not more than 120 hours, if community service is 33 available in the jurisdiction. The community service shall 34 include, but need not be limited to, the cleanup and repair SB400 Engrossed -10- LRB9100875RCks 1 of the damage that was caused by the violation or similar 2 damage to property located in the municipality or county in 3 which the violation occurred. The order may be in addition 4 to any other order authorized by this Section. 5 (9) In addition to any other sentencing order, the court 6 shall order any minor found to be guilty for an act which 7 would constitute, predatory criminal sexual assault of a 8 child, aggravated criminal sexual assault, criminal sexual 9 assault, aggravated criminal sexual abuse, or criminal sexual 10 abuse if committed by an adult to undergo medical testing to 11 determine whether the defendant has any sexually 12 transmissible disease including a test for infection with 13 human immunodeficiency virus (HIV) or any other identified 14 causative agency of acquired immunodeficiency syndrome 15 (AIDS). Any medical test shall be performed only by 16 appropriately licensed medical practitioners and may include 17 an analysis of any bodily fluids as well as an examination of 18 the minor's person. Except as otherwise provided by law, the 19 results of the test shall be kept strictly confidential by 20 all medical personnel involved in the testing and must be 21 personally delivered in a sealed envelope to the judge of the 22 court in which the sentencing order was entered for the 23 judge's inspection in camera. Acting in accordance with the 24 best interests of the victim and the public, the judge shall 25 have the discretion to determine to whom the results of the 26 testing may be revealed. The court shall notify the minor of 27 the results of the test for infection with the human 28 immunodeficiency virus (HIV). The court shall also notify 29 the victim if requested by the victim, and if the victim is 30 under the age of 15 and if requested by the victim's parents 31 or legal guardian, the court shall notify the victim's 32 parents or the legal guardian, of the results of the test for 33 infection with the human immunodeficiency virus (HIV). The 34 court shall provide information on the availability of HIV SB400 Engrossed -11- LRB9100875RCks 1 testing and counseling at the Department of Public Health 2 facilities to all parties to whom the results of the testing 3 are revealed. The court shall order that the cost of any 4 test shall be paid by the county and may be taxed as costs 5 against the minor. 6 (10) When a court finds a minor to be guilty the court 7 shall, before entering a sentencing order under this Section, 8 make a finding whether the offense committed either: (a) was 9 related to or in furtherance of the criminal activities of an 10 organized gang or was motivated by the minor's membership in 11 or allegiance to an organized gang, or (b) involved a 12 violation of subsection (a) of Section 12-7.1 of the Criminal 13 Code of 1961, a violation of any Section of Article 24 of the 14 Criminal Code of 1961, or a violation of any statute that 15 involved the wrongful use of a firearm. If the court 16 determines the question in the affirmative, and the court 17 does not commit the minor to the Department of Corrections, 18 Juvenile Division, the court shall order the minor to perform 19 community service for not less than 30 hours nor more than 20 120 hours, provided that community service is available in 21 the jurisdiction and is funded and approved by the county 22 board of the county where the offense was committed. The 23 community service shall include, but need not be limited to, 24 the cleanup and repair of any damage caused by a violation of 25 Section 21-1.3 of the Criminal Code of 1961 and similar 26 damage to property located in the municipality or county in 27 which the violation occurred. When possible and reasonable, 28 the community service shall be performed in the minor's 29 neighborhood. This order shall be in addition to any other 30 order authorized by this Section except for an order to place 31 the minor in the custody of the Department of Corrections, 32 Juvenile Division. For the purposes of this Section, 33 "organized gang" has the meaning ascribed to it in Section 10 34 of the Illinois Streetgang Terrorism Omnibus Prevention Act. SB400 Engrossed -12- LRB9100875RCks 1 (Source: P.A. 90-590, eff. 1-1-99.) 2 (705 ILCS 405/5-715) 3 Sec. 5-715. Probation. 4 (1) The period of probation or conditional discharge 5 shall not exceed 5 years or until the minor has attained the 6 age of 21 years, whichever is less, except as provided in 7 this Section for a minor who is found to be guilty for an 8 offense which is first degree murder, a Class X felony or a 9 forcible felony. The juvenile court may terminate probation 10 or conditional discharge and discharge the minor at any time 11 if warranted by the conduct of the minor and the ends of 12 justice; provided, however, that the period of probation for 13 a minor who is found to be guilty for an offense which is 14 first degree murder, a Class X felony, or a forcible felony 15 shall be at least 5 years. 16 (2) The court may as a condition of probation or of 17 conditional discharge require that the minor: 18 (a) not violate any criminal statute of any 19 jurisdiction; 20 (b) make a report to and appear in person before 21 any person or agency as directed by the court; 22 (c) work or pursue a course of study or vocational 23 training; 24 (d) undergo medical or psychiatric treatment, 25 rendered by a psychiatrist or psychological treatment 26 rendered by a clinical psychologist or social work 27 services rendered by a clinical social worker, or 28 treatment for drug addiction or alcoholism; 29 (e) attend or reside in a facility established for 30 the instruction or residence of persons on probation; 31 (f) support his or her dependents, if any; 32 (g) refrain from possessing a firearm or other 33 dangerous weapon, or an automobile; SB400 Engrossed -13- LRB9100875RCks 1 (h) permit the probation officer to visit him or 2 her at his or her home or elsewhere; 3 (i) reside with his or her parents or in a foster 4 home; 5 (j) attend school; 6 (k) attend a non-residential program for youth; 7 (l) make restitution under the terms of subsection 8 (4) of Section 5-710; 9 (m) contribute to his or her own support at home or 10 in a foster home; 11 (n) perform some reasonable public or community 12 service; 13 (o) participate with community corrections programs 14 including unified delinquency intervention services 15 administered by the Department of Human Services subject 16 to Section 5 of the Children and Family Services Act; 17 (p) pay costs; 18 (q) serve a term of home confinement. In addition 19 to any other applicable condition of probation or 20 conditional discharge, the conditions of home confinement 21 shall be that the minor: 22 (i) remain within the interior premises of the 23 place designated for his or her confinement during 24 the hours designated by the court; 25 (ii) admit any person or agent designated by 26 the court into the minor's place of confinement at 27 any time for purposes of verifying the minor's 28 compliance with the conditions of his or her 29 confinement; and 30 (iii) use an approved electronic monitoring 31 device if ordered by the court subject to Article 8A 32 of Chapter V of the Unified Code of Corrections; 33 (r) refrain from entering into a designated 34 geographic area except upon terms as the court finds SB400 Engrossed -14- LRB9100875RCks 1 appropriate. The terms may include consideration of the 2 purpose of the entry, the time of day, other persons 3 accompanying the minor, and advance approval by a 4 probation officer, if the minor has been placed on 5 probation, or advance approval by the court, if the minor 6 has been placed on conditional discharge; 7 (s) refrain from having any contact, directly or 8 indirectly, with certain specified persons or particular 9 types of persons, including but not limited to members of 10 street gangs and drug users or dealers; 11 (s-5) undergo a medical or other procedure to have 12 a tattoo symbolizing allegiance to a street gang removed 13 from his or her body; 14 (t) refrain from having in his or her body the 15 presence of any illicit drug prohibited by the Cannabis 16 Control Act or the Illinois Controlled Substances Act, 17 unless prescribed by a physician, and shall submit 18 samples of his or her blood or urine or both for tests to 19 determine the presence of any illicit drug; or 20 (u) comply with other conditions as may be ordered 21 by the court. 22 (3) The court may as a condition of probation or of 23 conditional discharge require that a minor found guilty on 24 any alcohol, cannabis, or controlled substance violation, 25 refrain from acquiring a driver's license during the period 26 of probation or conditional discharge. If the minor is in 27 possession of a permit or license, the court may require that 28 the minor refrain from driving or operating any motor vehicle 29 during the period of probation or conditional discharge, 30 except as may be necessary in the course of the minor's 31 lawful employment. 32 (4) A minor on probation or conditional discharge shall 33 be given a certificate setting forth the conditions upon 34 which he or she is being released. SB400 Engrossed -15- LRB9100875RCks 1 (5) The court shall impose upon a minor placed on 2 probation or conditional discharge, as a condition of the 3 probation or conditional discharge, a fee of $25 for each 4 month of probation or conditional discharge supervision 5 ordered by the court, unless after determining the inability 6 of the minor placed on probation or conditional discharge to 7 pay the fee, the court assesses a lesser amount. The court 8 may not impose the fee on a minor who is made a ward of the 9 State under this Act while the minor is in placement. The 10 fee shall be imposed only upon a minor who is actively 11 supervised by the probation and court services department. 12 The court may order the parent, guardian, or legal custodian 13 of the minor to pay some or all of the fee on the minor's 14 behalf. 15 (6) The General Assembly finds that in order to protect 16 the public, the juvenile justice system must compel 17 compliance with the conditions of probation by responding to 18 violations with swift, certain, and fair punishments and 19 intermediate sanctions. The Chief Judge of each circuit 20 shall adopt a system of structured, intermediate sanctions 21 for violations of the terms and conditions of a sentence of 22 supervision, probation or conditional discharge, under this 23 Act. 24 The court shall provide as a condition of a disposition 25 of probation, conditional discharge, or supervision, that the 26 probation agency may invoke any sanction from the list of 27 intermediate sanctions adopted by the chief judge of the 28 circuit court for violations of the terms and conditions of 29 the sentence of probation, conditional discharge, or 30 supervision, subject to the provisions of Section 5-720 of 31 this Act. 32 (Source: P.A. 90-590, eff. 1-1-99.)