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91_SB0400sam001
LRB9100875RCksam
1 AMENDMENT TO SENATE BILL 400
2 AMENDMENT NO. . Amend Senate Bill 400, on page 1,
3 lines 2 and 6, by changing "Section 5-715" wherever it
4 appears to "Sections 5-615, 5-710, and 5-715"; and
5 on page 1, by inserting between lines 6 and 7 the following:
6 "(705 ILCS 405/5-615)
7 Sec. 5-615. Continuance under supervision.
8 (1) The court may enter an order of continuance under
9 supervision for an offense other than first degree murder, a
10 Class X felony or a forcible felony (a) upon an admission or
11 stipulation by the appropriate respondent or minor respondent
12 of the facts supporting the petition and before proceeding to
13 adjudication, or after hearing the evidence at the trial, and
14 (b) in the absence of objection made in open court by the
15 minor, his or her parent, guardian, or legal custodian, the
16 minor's attorney or the State's Attorney.
17 (2) If the minor, his or her parent, guardian, or legal
18 custodian, the minor's attorney or State's Attorney objects
19 in open court to any continuance and insists upon proceeding
20 to findings and adjudication, the court shall so proceed.
21 (3) Nothing in this Section limits the power of the
22 court to order a continuance of the hearing for the
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1 production of additional evidence or for any other proper
2 reason.
3 (4) When a hearing where a minor is alleged to be a
4 delinquent is continued pursuant to this Section, the period
5 of continuance under supervision may not exceed 24 months.
6 The court may terminate a continuance under supervision at
7 any time if warranted by the conduct of the minor and the
8 ends of justice.
9 (5) When a hearing where a minor is alleged to be
10 delinquent is continued pursuant to this Section, the court
11 may, as conditions of the continuance under supervision,
12 require the minor to do any of the following:
13 (a) not violate any criminal statute of any
14 jurisdiction;
15 (b) make a report to and appear in person before
16 any person or agency as directed by the court;
17 (c) work or pursue a course of study or vocational
18 training;
19 (d) undergo medical or psychotherapeutic treatment
20 rendered by a therapist licensed under the provisions of
21 the Medical Practice Act of 1987, the Clinical
22 Psychologist Licensing Act, or the Clinical Social Work
23 and Social Work Practice Act, or an entity licensed by
24 the Department of Human Services as a successor to the
25 Department of Alcoholism and Substance Abuse, for the
26 provision of drug addiction and alcoholism treatment;
27 (e) attend or reside in a facility established for
28 the instruction or residence of persons on probation;
29 (f) support his or her dependents, if any;
30 (g) pay costs;
31 (h) refrain from possessing a firearm or other
32 dangerous weapon, or an automobile;
33 (i) permit the probation officer to visit him or
34 her at his or her home or elsewhere;
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1 (j) reside with his or her parents or in a foster
2 home;
3 (k) attend school;
4 (l) attend a non-residential program for youth;
5 (m) contribute to his or her own support at home or
6 in a foster home;
7 (n) perform some reasonable public or community
8 service;
9 (o) make restitution to the victim, in the same
10 manner and under the same conditions as provided in
11 subsection (4) of Section 5-710, except that the
12 "sentencing hearing" referred to in that Section shall be
13 the adjudicatory hearing for purposes of this Section;
14 (p) comply with curfew requirements as designated
15 by the court;
16 (q) refrain from entering into a designated
17 geographic area except upon terms as the court finds
18 appropriate. The terms may include consideration of the
19 purpose of the entry, the time of day, other persons
20 accompanying the minor, and advance approval by a
21 probation officer;
22 (r) refrain from having any contact, directly or
23 indirectly, with certain specified persons or particular
24 types of persons, including but not limited to members of
25 street gangs and drug users or dealers;
26 (r-5) undergo a medical or other procedure to have
27 a tattoo symbolizing allegiance to a street gang removed
28 from his or her body;
29 (s) refrain from having in his or her body the
30 presence of any illicit drug prohibited by the Cannabis
31 Control Act or the Illinois Controlled Substances Act,
32 unless prescribed by a physician, and submit samples of
33 his or her blood or urine or both for tests to determine
34 the presence of any illicit drug; or
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1 (t) comply with any other conditions as may be
2 ordered by the court.
3 (6) A minor whose case is continued under supervision
4 under subsection (5) shall be given a certificate setting
5 forth the conditions imposed by the court. Those conditions
6 may be reduced, enlarged, or modified by the court on motion
7 of the probation officer or on its own motion, or that of the
8 State's Attorney, or, at the request of the minor after
9 notice and hearing.
10 (7) If a petition is filed charging a violation of a
11 condition of the continuance under supervision, the court
12 shall conduct a hearing. If the court finds that a condition
13 of supervision has not been fulfilled, the court may proceed
14 to findings and adjudication and disposition. The filing of
15 a petition for violation of a condition of the continuance
16 under supervision shall toll the period of continuance under
17 supervision until the final determination of the charge, and
18 the term of the continuance under supervision shall not run
19 until the hearing and disposition of the petition for
20 violation; provided where the petition alleges conduct that
21 does not constitute a criminal offense, the hearing must be
22 held within 30 days of the filing of the petition unless a
23 delay shall continue the tolling of the period of continuance
24 under supervision for the period of the delay.
25 (8) When a hearing in which a minor is alleged to be a
26 delinquent for reasons that include a violation of Section
27 21-1.3 of the Criminal Code of 1961 is continued under this
28 Section, the court shall, as a condition of the continuance
29 under supervision, require the minor to perform community
30 service for not less than 30 and not more than 120 hours, if
31 community service is available in the jurisdiction. The
32 community service shall include, but need not be limited to,
33 the cleanup and repair of the damage that was caused by the
34 alleged violation or similar damage to property located in
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1 the municipality or county in which the alleged violation
2 occurred. The condition may be in addition to any other
3 condition.
4 (9) When a hearing in which a minor is alleged to be a
5 delinquent is continued under this Section, the court, before
6 continuing the case, shall make a finding whether the offense
7 alleged to have been committed either: (i) was related to or
8 in furtherance of the activities of an organized gang or was
9 motivated by the minor's membership in or allegiance to an
10 organized gang, or (ii) is a violation of paragraph (13) of
11 subsection (a) of Section 12-2 of the Criminal Code of 1961,
12 a violation of any Section of Article 24 of the Criminal Code
13 of 1961, or a violation of any statute that involved the
14 unlawful use of a firearm. If the court determines the
15 question in the affirmative the court shall, as a condition
16 of the continuance under supervision and as part of or in
17 addition to any other condition of the supervision, require
18 the minor to perform community service for not less than 30
19 hours nor more than 120 hours, provided that community
20 service is available in the jurisdiction and is funded and
21 approved by the county board of the county where the offense
22 was committed. The community service shall include, but need
23 not be limited to, the cleanup and repair of any damage
24 caused by an alleged violation of Section 21-1.3 of the
25 Criminal Code of 1961 and similar damage to property located
26 in the municipality or county in which the alleged violation
27 occurred. When possible and reasonable, the community
28 service shall be performed in the minor's neighborhood. For
29 the purposes of this Section, "organized gang" has the
30 meaning ascribed to it in Section 10 of the Illinois
31 Streetgang Terrorism Omnibus Prevention Act.
32 (10) The court shall impose upon a minor placed on
33 supervision, as a condition of the supervision, a fee of $25
34 for each month of supervision ordered by the court, unless
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1 after determining the inability of the minor placed on
2 supervision to pay the fee, the court assesses a lesser
3 amount. The court may not impose the fee on a minor who is
4 made a ward of the State under this Act while the minor is in
5 placement. The fee shall be imposed only upon a minor who is
6 actively supervised by the probation and court services
7 department. A court may order the parent, guardian, or legal
8 custodian of the minor to pay some or all of the fee on the
9 minor's behalf.
10 (Source: P.A. 90-590, eff. 1-1-99.)
11 (705 ILCS 405/5-710)
12 Sec. 5-710. Kinds of sentencing orders.
13 (1) The following kinds of sentencing orders may be made
14 in respect of wards of the court:
15 (a) Except as provided in Sections 5-805, 5-810,
16 5-815, a minor who is found guilty under Section 5-620
17 may be:
18 (i) put on probation or conditional discharge
19 and released to his or her parents, guardian or
20 legal custodian, provided, however, that any such
21 minor who is not committed to the Department of
22 Corrections, Juvenile Division under this subsection
23 and who is found to be a delinquent for an offense
24 which is first degree murder, a Class X felony, or a
25 forcible felony shall be placed on probation;
26 (ii) placed in accordance with Section 5-740,
27 with or without also being put on probation or
28 conditional discharge;
29 (iii) required to undergo a substance abuse
30 assessment conducted by a licensed provider and
31 participate in the indicated clinical level of care;
32 (iv) placed in the guardianship of the
33 Department of Children and Family Services, but only
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1 if the delinquent minor is under 13 years of age;
2 (v) placed in detention for a period not to
3 exceed 30 days, either as the exclusive order of
4 disposition or, where appropriate, in conjunction
5 with any other order of disposition issued under
6 this paragraph, provided that any such detention
7 shall be in a juvenile detention home and the minor
8 so detained shall be 10 years of age or older.
9 However, the 30-day limitation may be extended by
10 further order of the court for a minor under age 13
11 committed to the Department of Children and Family
12 Services if the court finds that the minor is a
13 danger to himself or others. The minor shall be
14 given credit on the sentencing order of detention
15 for time spent in detention under Sections 5-501,
16 5-601, 5-710, or 5-720 of this Article as a result
17 of the offense for which the sentencing order was
18 imposed. The court may grant credit on a sentencing
19 order of detention entered under a violation of
20 probation or violation of conditional discharge
21 under Section 5-720 of this Article for time spent
22 in detention before the filing of the petition
23 alleging the violation. A minor shall not be
24 deprived of credit for time spent in detention
25 before the filing of a violation of probation or
26 conditional discharge alleging the same or related
27 act or acts;
28 (vi) ordered partially or completely
29 emancipated in accordance with the provisions of the
30 Emancipation of Mature Minors Act;
31 (vii) subject to having his or her driver's
32 license or driving privileges suspended for such
33 time as determined by the court but only until he or
34 she attains 18 years of age; or
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1 (viii) put on probation or conditional
2 discharge and placed in detention under Section
3 3-6039 of the Counties Code for a period not to
4 exceed the period of incarceration permitted by law
5 for adults found guilty of the same offense or
6 offenses for which the minor was adjudicated
7 delinquent, and in any event no longer than upon
8 attainment of age 21; this subdivision (viii)
9 notwithstanding any contrary provision of the law;
10 or .
11 (ix) ordered to undergo a medical or other
12 procedure to have a tattoo symbolizing allegiance to
13 a street gang removed from his or her body.
14 (b) A minor found to be guilty may be committed to
15 the Department of Corrections, Juvenile Division, under
16 Section 5-750 if the minor is 13 years of age or older,
17 provided that the commitment to the Department of
18 Corrections, Juvenile Division, shall be made only if a
19 term of incarceration is permitted by law for adults
20 found guilty of the offense for which the minor was
21 adjudicated delinquent. The time during which a minor is
22 in custody before being released upon the request of a
23 parent, guardian or legal custodian shall be considered
24 as time spent in detention.
25 (c) When a minor is found to be guilty for an
26 offense which is a violation of the Illinois Controlled
27 Substances Act or the Cannabis Control Act and made a
28 ward of the court, the court may enter a disposition
29 order requiring the minor to undergo assessment,
30 counseling or treatment in a substance abuse program
31 approved by the Department of Human Services.
32 (2) Any sentencing order other than commitment to the
33 Department of Corrections, Juvenile Division, may provide for
34 protective supervision under Section 5-725 and may include an
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1 order of protection under Section 5-730.
2 (3) Unless the sentencing order expressly so provides,
3 it does not operate to close proceedings on the pending
4 petition, but is subject to modification until final closing
5 and discharge of the proceedings under Section 5-750.
6 (4) In addition to any other sentence, the court may
7 order any minor found to be delinquent to make restitution,
8 in monetary or non-monetary form, under the terms and
9 conditions of Section 5-5-6 of the Unified Code of
10 Corrections, except that the "presentencing hearing" referred
11 to in that Section shall be the sentencing hearing for
12 purposes of this Section. The parent, guardian or legal
13 custodian of the minor may be ordered by the court to pay
14 some or all of the restitution on the minor's behalf,
15 pursuant to the Parental Responsibility Law. The State's
16 Attorney is authorized to act on behalf of any victim in
17 seeking restitution in proceedings under this Section, up to
18 the maximum amount allowed in Section 5 of the Parental
19 Responsibility Law.
20 (5) Any sentencing order where the minor is committed or
21 placed in accordance with Section 5-740 shall provide for the
22 parents or guardian of the estate of the minor to pay to the
23 legal custodian or guardian of the person of the minor such
24 sums as are determined by the custodian or guardian of the
25 person of the minor as necessary for the minor's needs. The
26 payments may not exceed the maximum amounts provided for by
27 Section 9.1 of the Children and Family Services Act.
28 (6) Whenever the sentencing order requires the minor to
29 attend school or participate in a program of training, the
30 truant officer or designated school official shall regularly
31 report to the court if the minor is a chronic or habitual
32 truant under Section 26-2a of the School Code.
33 (7) In no event shall a guilty minor be committed to the
34 Department of Corrections, Juvenile Division for a period of
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1 time in excess of that period for which an adult could be
2 committed for the same act.
3 (8) A minor found to be guilty for reasons that include
4 a violation of Section 21-1.3 of the Criminal Code of 1961
5 shall be ordered to perform community service for not less
6 than 30 and not more than 120 hours, if community service is
7 available in the jurisdiction. The community service shall
8 include, but need not be limited to, the cleanup and repair
9 of the damage that was caused by the violation or similar
10 damage to property located in the municipality or county in
11 which the violation occurred. The order may be in addition
12 to any other order authorized by this Section.
13 (9) In addition to any other sentencing order, the court
14 shall order any minor found to be guilty for an act which
15 would constitute, predatory criminal sexual assault of a
16 child, aggravated criminal sexual assault, criminal sexual
17 assault, aggravated criminal sexual abuse, or criminal sexual
18 abuse if committed by an adult to undergo medical testing to
19 determine whether the defendant has any sexually
20 transmissible disease including a test for infection with
21 human immunodeficiency virus (HIV) or any other identified
22 causative agency of acquired immunodeficiency syndrome
23 (AIDS). Any medical test shall be performed only by
24 appropriately licensed medical practitioners and may include
25 an analysis of any bodily fluids as well as an examination of
26 the minor's person. Except as otherwise provided by law, the
27 results of the test shall be kept strictly confidential by
28 all medical personnel involved in the testing and must be
29 personally delivered in a sealed envelope to the judge of the
30 court in which the sentencing order was entered for the
31 judge's inspection in camera. Acting in accordance with the
32 best interests of the victim and the public, the judge shall
33 have the discretion to determine to whom the results of the
34 testing may be revealed. The court shall notify the minor of
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1 the results of the test for infection with the human
2 immunodeficiency virus (HIV). The court shall also notify
3 the victim if requested by the victim, and if the victim is
4 under the age of 15 and if requested by the victim's parents
5 or legal guardian, the court shall notify the victim's
6 parents or the legal guardian, of the results of the test for
7 infection with the human immunodeficiency virus (HIV). The
8 court shall provide information on the availability of HIV
9 testing and counseling at the Department of Public Health
10 facilities to all parties to whom the results of the testing
11 are revealed. The court shall order that the cost of any
12 test shall be paid by the county and may be taxed as costs
13 against the minor.
14 (10) When a court finds a minor to be guilty the court
15 shall, before entering a sentencing order under this Section,
16 make a finding whether the offense committed either: (a) was
17 related to or in furtherance of the criminal activities of an
18 organized gang or was motivated by the minor's membership in
19 or allegiance to an organized gang, or (b) involved a
20 violation of subsection (a) of Section 12-7.1 of the Criminal
21 Code of 1961, a violation of any Section of Article 24 of the
22 Criminal Code of 1961, or a violation of any statute that
23 involved the wrongful use of a firearm. If the court
24 determines the question in the affirmative, and the court
25 does not commit the minor to the Department of Corrections,
26 Juvenile Division, the court shall order the minor to perform
27 community service for not less than 30 hours nor more than
28 120 hours, provided that community service is available in
29 the jurisdiction and is funded and approved by the county
30 board of the county where the offense was committed. The
31 community service shall include, but need not be limited to,
32 the cleanup and repair of any damage caused by a violation of
33 Section 21-1.3 of the Criminal Code of 1961 and similar
34 damage to property located in the municipality or county in
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1 which the violation occurred. When possible and reasonable,
2 the community service shall be performed in the minor's
3 neighborhood. This order shall be in addition to any other
4 order authorized by this Section except for an order to place
5 the minor in the custody of the Department of Corrections,
6 Juvenile Division. For the purposes of this Section,
7 "organized gang" has the meaning ascribed to it in Section 10
8 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
9 (Source: P.A. 90-590, eff. 1-1-99.)".