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Public Act 91-0098
SB400 Enrolled LRB9100875RCks
AN ACT to amend the Juvenile Court Act of 1987 by
changing Sections 5-615, 5-710, 5-715.
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 Sections 5-615, 5-710, 5-715 as follows:
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in open court by the
minor, his or her parent, guardian, or legal custodian, the
minor's attorney or the State's Attorney.
(2) If the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or State's Attorney objects
in open court to any continuance and insists upon proceeding
to findings and adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the
court to order a continuance of the hearing for the
production of additional evidence or for any other proper
reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period
of continuance under supervision may not exceed 24 months.
The court may terminate a continuance under supervision at
any time if warranted by the conduct of the minor and the
ends of justice.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical
Psychologist Licensing Act, or the Clinical Social Work
and Social Work Practice Act, or an entity licensed by
the Department of Human Services as a successor to the
Department of Alcoholism and Substance Abuse, for the
provision of drug addiction and alcoholism treatment;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or
her at his or her home or elsewhere;
(j) reside with his or her parents or in a foster
home;
(k) attend school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same
manner and under the same conditions as provided in
subsection (4) of Section 5-710, except that the
"sentencing hearing" referred to in that Section shall be
the adjudicatory hearing for purposes of this Section;
(p) comply with curfew requirements as designated
by the court;
(q) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(r-5) undergo a medical or other procedure to have
a tattoo symbolizing allegiance to a street gang removed
from his or her body;
(s) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug; or
(t) comply with any other conditions as may be
ordered by the court.
(6) A minor whose case is continued under supervision
under subsection (5) shall be given a certificate setting
forth the conditions imposed by the court. Those conditions
may be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the
State's Attorney, or, at the request of the minor after
notice and hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that a condition
of supervision has not been fulfilled, the court may proceed
to findings and adjudication and disposition. The filing of
a petition for violation of a condition of the continuance
under supervision shall toll the period of continuance under
supervision until the final determination of the charge, and
the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing must be
held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued under this
Section, the court shall, as a condition of the continuance
under supervision, require the minor 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
alleged violation or similar damage to property located in
the municipality or county in which the alleged violation
occurred. The condition may be in addition to any other
condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or
in furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 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
unlawful use of a firearm. If the court determines the
question in the affirmative the court shall, as a condition
of the continuance under supervision and as part of or in
addition to any other condition of the supervision, require
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 an alleged 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 alleged violation
occurred. When possible and reasonable, the community
service shall be performed in the minor's neighborhood. 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.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $25
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is
made a ward of the State under this Act while the minor is in
placement. The fee shall be imposed only upon a minor who is
actively supervised by the probation and court services
department. A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the
minor's behalf.
(Source: P.A. 90-590, eff. 1-1-99.)
(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
Corrections, Juvenile Division 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 13 years of age;
(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 13
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 Mature 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; or
(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.
(b) A minor found to be guilty may be committed to
the Department of Corrections, Juvenile Division, under
Section 5-750 if the minor is 13 years of age or older,
provided that the commitment to the Department of
Corrections, Juvenile Division, 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 or the Cannabis Control 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 Corrections, Juvenile Division, 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.
(7) In no event shall a guilty minor be committed to the
Department of Corrections, Juvenile Division 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.
(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 Corrections,
Juvenile Division, 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 Corrections,
Juvenile Division. 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.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge
shall not exceed 5 years or until the minor has attained the
age of 21 years, whichever is less, except as provided in
this Section for a minor who is found to be guilty for an
offense which is first degree murder, a Class X felony or a
forcible felony. The juvenile court may terminate probation
or conditional discharge and discharge the minor at any time
if warranted by the conduct of the minor and the ends of
justice; provided, however, that the period of probation for
a minor who is found to be guilty for an offense which is
first degree murder, a Class X felony, or a forcible felony
shall be at least 5 years.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment,
rendered by a psychiatrist or psychological treatment
rendered by a clinical psychologist or social work
services rendered by a clinical social worker, or
treatment for drug addiction or alcoholism;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit him or
her at his or her home or elsewhere;
(i) reside with his or her parents or in a foster
home;
(j) attend school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
(4) of Section 5-710;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) pay costs;
(q) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the minor:
(i) remain within the interior premises of the
place designated for his or her confinement during
the hours designated by the court;
(ii) admit any person or agent designated by
the court into the minor's place of confinement at
any time for purposes of verifying the minor's
compliance with the conditions of his or her
confinement; and
(iii) use an approved electronic monitoring
device if ordered by the court subject to Article 8A
of Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer, if the minor has been placed on
probation, or advance approval by the court, if the minor
has been placed on conditional discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have
a tattoo symbolizing allegiance to a street gang removed
from his or her body;
(t) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and shall submit
samples of his or her blood or urine or both for tests to
determine the presence of any illicit drug; or
(u) comply with other conditions as may be ordered
by the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on
any alcohol, cannabis, or controlled substance violation,
refrain from acquiring a driver's license during the period
of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle
during the period of probation or conditional discharge,
except as may be necessary in the course of the minor's
lawful employment.
(4) A minor on probation or conditional discharge shall
be given a certificate setting forth the conditions upon
which he or she is being released.
(5) The court shall impose upon a minor placed on
probation or conditional discharge, as a condition of the
probation or conditional discharge, a fee of $25 for each
month of probation or conditional discharge supervision
ordered by the court, unless after determining the inability
of the minor placed on probation or conditional discharge to
pay the fee, the court assesses a lesser amount. The court
may not impose the fee on a minor who is made a ward of the
State under this Act while the minor is in placement. The
fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department.
The court may order the parent, guardian, or legal custodian
of the minor to pay some or all of the fee on the minor's
behalf.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel
compliance with the conditions of probation by responding to
violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit
shall adopt a system of structured, intermediate sanctions
for violations of the terms and conditions of a sentence of
supervision, probation or conditional discharge, under this
Act.
The court shall provide as a condition of a disposition
of probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
(Source: P.A. 90-590, eff. 1-1-99.)
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