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Sen. James F. Clayborne, Jr.
Filed: 5/9/2013
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1 | | AMENDMENT TO HOUSE BILL 3172
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2 | | AMENDMENT NO. ______. Amend House Bill 3172 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Juvenile Court Act of 1987 is amended by |
5 | | changing Section 5-615 as follows:
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6 | | (705 ILCS 405/5-615)
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7 | | Sec. 5-615. Continuance under supervision.
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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 : |
11 | | (a) upon an admission or stipulation by the appropriate |
12 | | respondent or minor
respondent of the facts supporting the
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13 | | petition and before the court makes a finding of |
14 | | delinquency proceeding to adjudication, or after hearing |
15 | | the evidence
at the trial , and (b) in the absence of |
16 | | objection made in open court by the
minor, his or her |
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1 | | parent, guardian, or legal custodian, the minor's attorney |
2 | | or
the
State's Attorney ; or .
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3 | | (b) upon a finding of delinquency and after considering |
4 | | the circumstances of the offense and the history, |
5 | | character, and condition of the minor, if the court is of |
6 | | the opinion that: |
7 | | (i) the minor is not likely to commit further |
8 | | crimes; |
9 | | (ii) the minor and the public would be best served |
10 | | if the minor were not to receive a criminal record; and |
11 | | (iii) in the best interests of justice an order of |
12 | | continuance under supervision is more appropriate than |
13 | | a sentence otherwise permitted under this Act. |
14 | | (2) (Blank). If the minor, his or her parent, guardian, or |
15 | | legal custodian, the
minor's
attorney or State's Attorney |
16 | | objects in open court to any continuance and
insists upon |
17 | | proceeding to findings and adjudication, the court shall so
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18 | | proceed.
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19 | | (3) Nothing in this Section limits the power of the court |
20 | | to order a
continuance of the hearing for the production of |
21 | | additional evidence or for any
other proper reason.
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22 | | (4) When a hearing where a minor is alleged to be a |
23 | | delinquent is
continued
pursuant to this Section, the period of |
24 | | continuance under supervision may not
exceed 24 months. The |
25 | | court may terminate a continuance under supervision at
any time |
26 | | if warranted by the conduct of the minor and the ends of |
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1 | | justice or vacate the finding of delinquency or both .
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2 | | (5) When a hearing where a minor is alleged to be |
3 | | delinquent is continued
pursuant to this Section, the court |
4 | | may, as conditions of the continuance under
supervision, |
5 | | require the minor to do any of the following:
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6 | | (a) not violate any criminal statute of any |
7 | | jurisdiction;
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8 | | (b) make a report to and appear in person before any |
9 | | person or agency as
directed by the court;
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10 | | (c) work or pursue a course of study or vocational |
11 | | training;
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12 | | (d) undergo medical or psychotherapeutic treatment |
13 | | rendered by a therapist
licensed under the provisions of |
14 | | the Medical Practice Act of 1987, the
Clinical Psychologist |
15 | | Licensing Act, or the Clinical Social Work and Social
Work |
16 | | Practice Act, or an entity licensed by the Department of |
17 | | Human Services as
a successor to the Department of |
18 | | Alcoholism and Substance Abuse, for the
provision of drug |
19 | | addiction and alcoholism treatment;
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20 | | (e) attend or reside in a facility established for the |
21 | | instruction or
residence of persons on probation;
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22 | | (f) support his or her dependents, if any;
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23 | | (g) pay costs;
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24 | | (h) refrain from possessing a firearm or other |
25 | | dangerous weapon, or an
automobile;
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26 | | (i) permit the probation officer to visit him or her at |
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1 | | his or her home or
elsewhere;
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2 | | (j) reside with his or her parents or in a foster home;
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3 | | (k) attend school;
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4 | | (k-5) with the consent of the superintendent
of the
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5 | | facility, attend an educational program at a facility other |
6 | | than the school
in which the
offense was committed if he
or |
7 | | she committed a crime of violence as
defined in
Section 2 |
8 | | of the Crime Victims Compensation Act in a school, on the
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9 | | real
property
comprising a school, or within 1,000 feet of |
10 | | the real property comprising a
school;
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11 | | (l) attend a non-residential program for youth;
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12 | | (m) contribute to his or her own support at home or in |
13 | | a foster home;
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14 | | (n) perform some reasonable public or community |
15 | | service;
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16 | | (o) make restitution to the victim, in the same manner |
17 | | and under the same
conditions as provided in subsection (4) |
18 | | of Section 5-710, except that the
"sentencing hearing" |
19 | | referred
to in that Section shall be the adjudicatory |
20 | | hearing for purposes of this
Section;
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21 | | (p) comply with curfew requirements as designated by |
22 | | the court;
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23 | | (q) refrain from entering into a designated geographic |
24 | | area except upon
terms as the court finds appropriate. The |
25 | | terms may include consideration of
the purpose of the |
26 | | entry, the time of day, other persons accompanying the
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1 | | minor, and advance approval by a probation officer;
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2 | | (r) refrain from having any contact, directly or |
3 | | indirectly, with certain
specified persons or particular |
4 | | types of persons, including but not limited to
members of |
5 | | street gangs and drug users or dealers;
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6 | | (r-5) undergo a medical or other procedure to have a |
7 | | tattoo symbolizing
allegiance to a street gang removed from |
8 | | his or her body;
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9 | | (s) refrain from having in his or her body the presence |
10 | | of any illicit
drug
prohibited by the Cannabis Control Act, |
11 | | the Illinois Controlled Substances
Act, or the |
12 | | Methamphetamine Control and Community Protection Act, |
13 | | unless prescribed by a physician, and submit samples of his |
14 | | or her blood
or urine or both for tests to determine the |
15 | | presence of any illicit drug; or
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16 | | (t) comply with any other conditions as may be ordered |
17 | | by the court.
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18 | | (6) A minor whose case is continued under supervision under |
19 | | subsection (5)
shall be given a certificate setting forth the |
20 | | conditions imposed by the court.
Those conditions may be |
21 | | reduced, enlarged, or modified by the court on motion
of the |
22 | | probation officer or on its own motion, or that of the State's |
23 | | Attorney,
or, at the request of the minor after notice and |
24 | | hearing.
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25 | | (7) If a petition is filed charging a violation of a |
26 | | condition of the
continuance under supervision, the court shall |
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1 | | conduct a hearing. If the court
finds that a condition of |
2 | | supervision has not been fulfilled, the court may
proceed to |
3 | | findings , and adjudication , and disposition or adjudication |
4 | | and disposition . The filing of a petition
for violation of a |
5 | | condition of the continuance under supervision shall toll
the |
6 | | period of continuance under supervision until the final |
7 | | determination of
the charge, and the term of the continuance |
8 | | under supervision shall not run
until the hearing and |
9 | | disposition of the petition for violation; provided
where the |
10 | | petition alleges conduct that does not constitute a criminal |
11 | | offense,
the hearing must be held within 30 days of the filing |
12 | | of the petition unless a
delay shall continue the tolling of |
13 | | the period of continuance under supervision
for the period of
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14 | | the delay.
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15 | | (8) When a hearing in which a minor is alleged to be a |
16 | | delinquent for
reasons that include a violation of Section |
17 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
18 | | 2012
is continued under this Section, the court shall, as a |
19 | | condition of the
continuance under supervision, require the |
20 | | minor to perform community service
for not less than 30 and not |
21 | | more than 120 hours, if community service is
available in the |
22 | | jurisdiction. The community service shall include, but need
not |
23 | | be limited to, the cleanup and repair of the damage that was |
24 | | caused by the
alleged violation or similar damage to property |
25 | | located in the municipality or
county in which the alleged |
26 | | violation occurred. The condition may be in
addition to any |
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1 | | other condition.
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2 | | (8.5) When a hearing in which a minor is alleged to be a |
3 | | delinquent for
reasons
that include a violation of Section 3.02 |
4 | | or Section 3.03 of the Humane Care for
Animals Act or paragraph |
5 | | (d) of subsection (1)
of Section
21-1 of the Criminal Code of |
6 | | 1961 or paragraph (4) of subsection (a) of Section 21-1 or the |
7 | | Criminal Code of 2012 is continued under this Section, the |
8 | | court
shall, as a
condition of the continuance under |
9 | | supervision, require the minor to undergo
medical or
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10 | | psychiatric treatment rendered by a psychiatrist or |
11 | | psychological treatment
rendered by a
clinical psychologist. |
12 | | The condition may be in addition to any other
condition.
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13 | | (9) When a hearing in which a minor is alleged to be a |
14 | | delinquent is
continued under this Section, the court, before |
15 | | continuing the case, shall make
a finding whether the offense |
16 | | alleged to have been committed either: (i) was
related to or in |
17 | | furtherance of the activities of an organized gang or was
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18 | | motivated by the minor's membership in or allegiance to an |
19 | | organized gang, or
(ii) is a violation of paragraph (13) of |
20 | | subsection (a) of Section 12-2 or paragraph (2) of subsection |
21 | | (c) of Section 12-2 of the
Criminal Code of 1961 or the |
22 | | Criminal Code of 2012, a violation of any Section of Article 24 |
23 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a |
24 | | violation of any statute that involved the unlawful
use of a |
25 | | firearm. If the court determines the question in the |
26 | | affirmative the
court shall, as a condition of the continuance |
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1 | | under supervision and as part of
or in addition to any other |
2 | | condition of the supervision,
require the minor to perform |
3 | | community service for not less than 30 hours,
provided that |
4 | | community service is available in the
jurisdiction and is |
5 | | funded and approved by the county board of the county where
the |
6 | | offense was committed. The community service shall include, but |
7 | | need not
be limited to, the cleanup and repair of any damage |
8 | | caused by an alleged
violation of Section 21-1.3 of the |
9 | | Criminal Code of 1961 or the Criminal Code of 2012 and similar |
10 | | damage to
property located in the municipality or county in |
11 | | which the alleged violation
occurred. When possible and |
12 | | reasonable, the community service shall be
performed in the |
13 | | minor's neighborhood. For the purposes of this Section,
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14 | | "organized gang" has the meaning ascribed to it in Section 10 |
15 | | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
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16 | | (10) The court shall impose upon a minor placed on |
17 | | supervision, as a
condition of the supervision, a fee of $50 |
18 | | for each month of supervision
ordered by the court, unless |
19 | | after determining the inability of the minor
placed on |
20 | | supervision to pay the fee, the court assesses a lesser amount. |
21 | | The
court may not impose the fee on a minor who is made a ward |
22 | | of the State under
this Act while the minor is in placement. |
23 | | The fee shall be imposed only upon a
minor who is actively |
24 | | supervised by the probation and court services
department. A |
25 | | court may order the parent, guardian, or legal custodian of the
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26 | | minor to pay some or all of the fee on the minor's behalf.
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1 | | (11) If a minor is placed on supervision for a violation of
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2 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use |
3 | | by Minors Act, the
court may, in its discretion, and upon
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4 | | recommendation by the State's Attorney, order that minor and |
5 | | his or her parents
or legal
guardian to attend a smoker's |
6 | | education or youth diversion program as defined
in that Act if |
7 | | that
program is available in the jurisdiction where the |
8 | | offender resides.
Attendance at a smoker's education or youth |
9 | | diversion program
shall be time-credited against any community |
10 | | service time imposed for any
first violation of subsection |
11 | | (a-7) of Section 1 of that Act. In addition to any
other
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12 | | penalty
that the court may impose for a violation of subsection |
13 | | (a-7) of Section 1 of
that Act, the
court, upon request by the |
14 | | State's Attorney, may in its discretion
require
the offender to |
15 | | remit a fee for his or her attendance at a smoker's
education |
16 | | or
youth diversion program.
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17 | | For purposes of this Section, "smoker's education program" |
18 | | or "youth
diversion program" includes, but is not limited to, a |
19 | | seminar designed to
educate a person on the physical and |
20 | | psychological effects of smoking tobacco
products and the |
21 | | health consequences of smoking tobacco products that can be
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22 | | conducted with a locality's youth diversion program.
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23 | | In addition to any other penalty that the court may impose |
24 | | under this
subsection
(11):
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25 | | (a) If a minor violates subsection (a-7) of Section 1 |
26 | | of the Prevention of
Tobacco Use by Minors Act, the court |
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1 | | may
impose a sentence of 15 hours of
community service or a |
2 | | fine of $25 for a first violation.
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3 | | (b) A second violation by a minor of subsection (a-7) |
4 | | of Section 1 of that Act
that occurs
within 12 months after |
5 | | the first violation is punishable by a fine of $50 and
25
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6 | | hours of community service.
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7 | | (c) A third or subsequent violation by a minor of |
8 | | subsection (a-7) of Section
1 of that Act
that
occurs |
9 | | within 12 months after the first violation is punishable by |
10 | | a $100
fine
and 30 hours of community service.
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11 | | (d) Any second or subsequent violation not within the |
12 | | 12-month time period
after the first violation is |
13 | | punishable as provided for a first violation.
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14 | | (Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11; |
15 | | 97-1150, eff. 1-25-13.)".
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