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91_SB0904
LRB9105890REpk
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-710.
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 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, either as the exclusive order of
2 disposition or, where appropriate, in conjunction
3 with any other order of disposition issued under
4 this paragraph, provided that any such detention
5 shall be in a juvenile detention home and the minor
6 so detained shall be 10 years of age or older.
7 However, the 30-day limitation may be extended by
8 further order of the court for a minor under age 13
9 committed to the Department of Children and Family
10 Services if the court finds that the minor is a
11 danger to himself or others. The minor shall be
12 given credit on the sentencing order of detention
13 for time spent in detention under Sections 5-501,
14 5-601, 5-710, or 5-720 of this Article as a result
15 of the offense for which the sentencing order was
16 imposed. The court may grant credit on a sentencing
17 order of detention entered under a violation of
18 probation or violation of conditional discharge
19 under Section 5-720 of this Article for time spent
20 in detention before the filing of the petition
21 alleging the violation. A minor shall not be
22 deprived of credit for time spent in detention
23 before the filing of a violation of probation or
24 conditional discharge alleging the same or related
25 act or acts;
26 (vi) ordered partially or completely
27 emancipated in accordance with the provisions of the
28 Emancipation of Mature Minors Act;
29 (vii) subject to having his or her driver's
30 license or driving privileges suspended for such
31 time as determined by the court but only until he or
32 she attains 18 years of age; or
33 (viii) put on probation or conditional
34 discharge and placed in detention under Section
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1 3-6039 of the Counties Code for a period not to
2 exceed the period of incarceration permitted by law
3 for adults found guilty of the same offense or
4 offenses for which the minor was adjudicated
5 delinquent, and in any event no longer than upon
6 attainment of age 21; this subdivision (viii)
7 notwithstanding any contrary provision of the law.
8 (b) A minor found to be guilty may be committed to
9 the Department of Corrections, Juvenile Division, under
10 Section 5-750 if the minor is 13 years of age or older,
11 provided that the commitment to the Department of
12 Corrections, Juvenile Division, shall be made only if a
13 term of incarceration is permitted by law for adults
14 found guilty of the offense for which the minor was
15 adjudicated delinquent. The time during which a minor is
16 in custody before being released upon the request of a
17 parent, guardian or legal custodian shall be considered
18 as time spent in detention.
19 (c) When a minor is found to be guilty for an
20 offense which is a violation of the Illinois Controlled
21 Substances Act or the Cannabis Control Act and made a
22 ward of the court, the court may enter a disposition
23 order requiring the minor to undergo assessment,
24 counseling or treatment in a substance abuse program
25 approved by the Department of Human Services.
26 (2) Any sentencing order other than commitment to the
27 Department of Corrections, Juvenile Division, may provide for
28 protective supervision under Section 5-725 and may include an
29 order of protection under Section 5-730.
30 (3) Unless the sentencing order expressly so provides,
31 it does not operate to close proceedings on the pending
32 petition, but is subject to modification until final closing
33 and discharge of the proceedings under Section 5-750.
34 (4) In addition to any other sentence, the court may
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1 order any minor found to be delinquent to make restitution,
2 in monetary or non-monetary form, under the terms and
3 conditions of Section 5-5-6 of the Unified Code of
4 Corrections, except that the "presentencing hearing" referred
5 to in that Section shall be the sentencing hearing for
6 purposes of this Section. The parent, guardian or legal
7 custodian of the minor may be ordered by the court to pay
8 some or all of the restitution on the minor's behalf,
9 pursuant to the Parental Responsibility Law. The State's
10 Attorney is authorized to act on behalf of any victim in
11 seeking restitution in proceedings under this Section, up to
12 the maximum amount allowed in Section 5 of the Parental
13 Responsibility Law.
14 (5) Any sentencing order where the minor is committed or
15 placed in accordance with Section 5-740 shall provide for the
16 parents or guardian of the estate of the minor to pay to the
17 legal custodian or guardian of the person of the minor such
18 sums as are determined by the custodian or guardian of the
19 person of the minor as necessary for the minor's needs. The
20 payments may not exceed the maximum amounts provided for by
21 Section 9.1 of the Children and Family Services Act.
22 (6) Whenever the sentencing order requires the minor to
23 attend school or participate in a program of training, the
24 truant officer or designated school official shall regularly
25 report to the court if the minor is a chronic or habitual
26 truant under Section 26-2a of the School Code.
27 (7) In no event shall a guilty minor be committed to the
28 Department of Corrections, Juvenile Division for a period of
29 time in excess of that period for which an adult could be
30 committed for the same act.
31 (8) A minor found to be guilty for reasons that include
32 a violation of Section 21-1.3 of the Criminal Code of 1961
33 shall be ordered to perform community service for not less
34 than 30 and not more than 120 hours, if community service is
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1 available in the jurisdiction. The community service shall
2 include, but need not be limited to, the cleanup and repair
3 of the damage that was caused by the violation or similar
4 damage to property located in the municipality or county in
5 which the violation occurred. The order may be in addition
6 to any other order authorized by this Section.
7 (9) In addition to any other sentencing order, the court
8 shall order any minor found to be guilty for an act which
9 would constitute, predatory criminal sexual assault of a
10 child, aggravated criminal sexual assault, criminal sexual
11 assault, aggravated criminal sexual abuse, or criminal sexual
12 abuse if committed by an adult to undergo medical testing to
13 determine whether the defendant has any sexually
14 transmissible disease including a test for infection with
15 human immunodeficiency virus (HIV) or any other identified
16 causative agency of acquired immunodeficiency syndrome
17 (AIDS). Any medical test shall be performed only by
18 appropriately licensed medical practitioners and may include
19 an analysis of any bodily fluids as well as an examination of
20 the minor's person. Except as otherwise provided by law, the
21 results of the test shall be kept strictly confidential by
22 all medical personnel involved in the testing and must be
23 personally delivered in a sealed envelope to the judge of the
24 court in which the sentencing order was entered for the
25 judge's inspection in camera. Acting in accordance with the
26 best interests of the victim and the public, the judge shall
27 have the discretion to determine to whom the results of the
28 testing may be revealed. The court shall notify the minor of
29 the results of the test for infection with the human
30 immunodeficiency virus (HIV). The court shall also notify
31 the victim if requested by the victim, and if the victim is
32 under the age of 15 and if requested by the victim's parents
33 or legal guardian, the court shall notify the victim's
34 parents or the legal guardian, of the results of the test for
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1 infection with the human immunodeficiency virus (HIV). The
2 court shall provide information on the availability of HIV
3 testing and counseling at the Department of Public Health
4 facilities to all parties to whom the results of the testing
5 are revealed. The court shall order that the cost of any
6 test shall be paid by the county and may be taxed as costs
7 against the minor.
8 (10) When a court finds a minor to be guilty the court
9 shall, before entering a sentencing order under this Section,
10 make a finding whether the offense committed either: (a) was
11 related to or in furtherance of the criminal activities of an
12 organized gang or was motivated by the minor's membership in
13 or allegiance to an organized gang, or (b) involved a
14 violation of subsection (a) of Section 12-7.1 of the Criminal
15 Code of 1961, a violation of any Section of Article 24 of the
16 Criminal Code of 1961, or a violation of any statute that
17 involved the wrongful use of a firearm. If the court
18 determines the question in the affirmative, and the court
19 does not commit the minor to the Department of Corrections,
20 Juvenile Division, the court shall order the minor to perform
21 community service for not less than 30 hours nor more than
22 120 hours, provided that community service is available in
23 the jurisdiction and is funded and approved by the county
24 board of the county where the offense was committed. The
25 community service shall include, but need not be limited to,
26 the cleanup and repair of any damage caused by a violation of
27 Section 21-1.3 of the Criminal Code of 1961 and similar
28 damage to property located in the municipality or county in
29 which the violation occurred. When possible and reasonable,
30 the community service shall be performed in the minor's
31 neighborhood. This order shall be in addition to any other
32 order authorized by this Section except for an order to place
33 the minor in the custody of the Department of Corrections,
34 Juvenile Division. For the purposes of this Section,
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1 "organized gang" has the meaning ascribed to it in Section 10
2 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
3 (11) When the court finds that the minor committed the
4 offense of criminal defacement of property and the minor is
5 under the age of 14 years at the time of the occurrence, then
6 the court shall order the minor to perform community service
7 for not less than 30 hours. The community service shall
8 include, but need not be limited to, the cleaning and repair
9 of any damage caused by the violation located in the
10 municipality or county in which the violation occurred. When
11 possible and reasonable, the community service shall be
12 performed in the minor's neighborhood. This order shall be
13 in addition to any other order authorized by this Section,
14 except for an order to place the minor in the custody of the
15 Department of Corrections, Juvenile Division. In addition to
16 the minor's sentence, the court shall order the parent,
17 guardian, or legal custodian to share in the mandatory
18 community service unless the parent, guardian, or legal
19 custodian demonstrates that at the time of the occurrence he
20 or she used due diligence for the maintenance and supervision
21 of the child.
22 (Source: P.A. 90-590, eff. 1-1-99.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.