Public Act 096-0293
 
HB2678 Enrolled LRB096 10827 RLC 21050 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-710 and by adding Part 7A to Article V as
follows:
 
    (705 ILCS 405/5-710)
    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, 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) 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;
            (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; or
            (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 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 13 years of age or older, provided that the
    commitment to the Department of Juvenile Justice shall be
    made only if a term of incarceration is permitted by law
    for adults found guilty of the offense for which the minor
    was adjudicated delinquent. The time during which a minor
    is in custody before being released upon the request of a
    parent, guardian or legal custodian shall be considered as
    time spent in detention.
        (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 abuse 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.
    (8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 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 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,
a violation of any Section of Article 24 of the Criminal Code
of 1961, 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 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 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.
(Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06;
95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, eff. 8-15-08;
95-876, eff. 8-21-08.)
 
    (705 ILCS 405/Art. V, Part 7A heading new)
PART 7A. JUVENILE ELECTRONIC HOME DETENTION LAW

 
    (705 ILCS 405/5-7A-101 new)
    Sec. 5-7A-101. Short title. This Part may be cited as the
Juvenile Electronic Home Detention Law.
 
    (705 ILCS 405/5-7A-105 new)
    Sec. 5-7A-105. Definitions. As used in this Article:
    (a) "Approved electronic monitoring device" means a device
approved by the supervising authority that is primarily
intended to record or transmit information as to the minor's
presence or nonpresence in the home. An approved electronic
monitoring device may record or transmit: oral or wire
communications or an auditory sound; visual images; or
information regarding the minor's activities while inside the
offender's home. These devices are subject to the required
consent as set forth in Section 5-7A-125 of this Article. An
approved electronic monitoring device may be used to record a
conversation between the participant and the monitoring
device, or the participant and the person supervising the
participant solely for the purpose of identification and not
for the purpose of eavesdropping or conducting any other
illegally intrusive monitoring.
    (b) "Excluded offenses" means any act if committed by an
adult would constitute first degree murder, escape, aggravated
criminal sexual assault, criminal sexual assault, aggravated
battery with a firearm, bringing or possessing a firearm,
ammunition, or explosive in a penal institution, any "Super-X"
drug offense or calculated criminal drug conspiracy or
streetgang criminal drug conspiracy, or any predecessor or
successor offenses with the same or substantially the same
elements, or any inchoate offenses relating to the foregoing
offenses.
    (c) "Home detention" means the confinement of a minor
adjudicated delinquent or subject to an adjudicatory hearing
under Article V for an act that if committed by an adult would
be an offense to his or her place of residence under the terms
and conditions established by the supervising authority.
    (d) "Participant" means a minor placed into an electronic
monitoring program.
    (e) "Supervising authority" means the Department of
Juvenile Justice, probation supervisory authority, sheriff,
superintendent of a juvenile detention center, or any other
officer or agency charged with authorizing and supervising home
detention.
    (f) "Super-X drug offense" means a violation of clause
(a)(1)(B), (C), or (D) of Section 401; clause (a)(2)(B), (C),
or (D) of Section 401; clause (a)(3)(B), (C), or (D) of Section
401; or clause (a)(7)(B), (C), or (D) of Section 401 of the
Illinois Controlled Substances Act.
 
    (705 ILCS 405/5-7A-110 new)
    Sec. 5-7A-110. Application.
    (a) Except as provided in subsection (d), a minor subject
to an adjudicatory hearing or adjudicated delinquent for an act
that if committed by an adult would be an excluded offense may
not be placed in an electronic home detention program, except
upon order of the court upon good cause shown.
    (b) A minor adjudicated delinquent for an act that if
committed by an adult would be a Class 1 felony, other than an
excluded offense, may be placed in an electronic home detention
program.
    (c) A minor adjudicated delinquent for an act that if
committed by an adult would be a Class X felony, other than an
excluded offense, may be placed in an electronic home detention
program, provided that the person was sentenced on or after the
effective date of this amendatory Act of the 96th General
Assembly and provided that the court has not prohibited the
program for the minor in the sentencing order.
    (d) Applications for electronic home detention may include
the following:
        (1) pre-adjudicatory detention;
        (2) probation;
        (3) furlough;
        (4) post-trial incarceration; or
        (5) any other disposition under this Article.
 
    (705 ILCS 405/5-7A-115 new)
    Sec. 5-7A-115. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic home detention program
shall operate. These rules shall include, but not be limited,
to the following:
        (A) The participant shall remain within the interior
    premises or within the property boundaries of his or her
    residence at all times during the hours designated by the
    supervising authority. Such instances of approved absences
    from the home may include, but are not limited to, the
    following:
            (1) working or employment approved by the court or
        traveling to or from approved employment;
            (2) unemployed and seeking employment approved for
        the participant by the court;
            (3) undergoing medical, psychiatric, mental health
        treatment, counseling, or other treatment programs
        approved for the participant by the court;
            (4) attending an educational institution or a
        program approved for the participant by the court;
            (5) attending a regularly scheduled religious
        service at a place of worship;
            (6) participating in community work release or
        community service programs approved for the
        participant by the supervising authority; or
            (7) for another compelling reason consistent with
        the public interest, as approved by the supervising
        authority.
        (B) The participant shall admit any person or agent
    designated by the supervising authority into his or her
    residence at any time for purposes of verifying the
    participant's compliance with the conditions of his or her
    detention.
        (C) The participant shall make the necessary
    arrangements to allow for any person or agent designated by
    the supervising authority to visit the participant's place
    of education or employment at any time, based upon the
    approval of the educational institution or employer or
    both, for the purpose of verifying the participant's
    compliance with the conditions of his or her detention.
        (D) The participant shall acknowledge and participate
    with the approved electronic monitoring device as
    designated by the supervising authority at any time for the
    purpose of verifying the participant's compliance with the
    conditions of his or her detention.
        (E) The participant shall maintain the following:
            (1) a working telephone in the participant's home;
            (2) a monitoring device in the participant's home,
        or on the participant's person, or both; and
            (3) a monitoring device in the participant's home
        and on the participant's person in the absence of a
        telephone.
        (F) The participant shall obtain approval from the
    supervising authority before the participant changes
    residence or the schedule described in paragraph (A) of
    this Section.
        (G) The participant shall not commit another act that
    if committed by an adult would constitute a crime during
    the period of home detention ordered by the court.
        (H) Notice to the participant that violation of the
    order for home detention may subject the participant to an
    adjudicatory hearing for escape as described in Section
    5-7A-120.
        (I) The participant shall abide by other conditions as
    set by the supervising authority.
 
    (705 ILCS 405/7A-120 new)
    Sec. 7A-120. Escape; failure to comply with a condition of
the juvenile electronic home monitoring detention program. A
minor charged with or adjudicated delinquent for an act that,
if committed by an adult, would constitute a felony or
misdemeanor, conditionally released from the supervising
authority through a juvenile electronic home monitoring
detention program, who knowingly violates a condition of the
juvenile electronic home monitoring detention program shall be
adjudicated a delinquent minor for such act and shall be
subject to an additional sentencing order under Section 5-710.
 
    (705 ILCS 405/7A-125 new)
    Sec. 7A-125. Consent of the participant. Before entering an
order for commitment for juvenile electronic home detention,
the supervising authority shall inform the participant and
other persons residing in the home of the nature and extent of
the approved electronic monitoring devices by doing the
following:
        (A) Securing the written consent of the participant in
    the program to comply with the rules and regulations of the
    program as stipulated in paragraphs (A) through (I) of
    Section 5-7A-115.
        (B) Where possible, securing the written consent of
    other persons residing in the home of the participant,
    including the parent or legal guardian of the minor and of
    the person in whose name the telephone is registered, at
    the time of the order or commitment for electronic home
    detention is entered and acknowledge the nature and extent
    of approved electronic monitoring devices.
        (C) Ensure that the approved electronic devices are
    minimally intrusive upon the privacy of the participant and
    other persons residing in the home while remaining in
    compliance with paragraphs (B) through (D) of Section
    5-7A-115.

Effective Date: 1/1/2010