Public Act 098-0536
 
SB1844 EnrolledLRB098 09863 RLC 40021 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 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.  The 
        limitation that the minor shall only be placed in a 
        juvenile detention home does not apply as follows:
            Persons 18 years of age and older who have a 
        petition of delinquency filed against them may be 
        confined in an adult detention facility. In making a 
        determination whether to confine a person 18 years of 
        age or older who has a petition of delinquency filed 
        against the person, these factors, among other 
        matters, shall be considered:
                (A) the age of the person;
                (B) any previous delinquent or criminal 
            history of the person;
                (C) any previous abuse or neglect history of 
            the person;
                (D) any mental health history of the person; 
            and
                (E)  any educational history of the person;


            (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; 


            (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 or the 
Criminal Code of 2012 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 or paragraph (4) of 
subsection (a) of Section 21-1 of the Criminal Code of 2012 
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 
or the Criminal Code of 2012, a violation of
any
Section of 
Article 24 of the Criminal Code of 1961 or the Criminal Code of 
2012,  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 or the Criminal 
Code of 2012
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.

    (12) If a minor is found to be guilty of a violation of

subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
by Minors Act, the
court may, in its discretion, and upon

recommendation by the State's Attorney, order that minor and 
his or her parents
or legal
guardian to attend a smoker's 
education or youth diversion program as defined
in that Act if 
that
program is available in the jurisdiction where the 
offender resides.
Attendance at a smoker's education or youth 
diversion program
shall be time-credited against any community 
service time imposed for any
first violation of subsection 
(a-7) of Section 1 of that Act.  In addition to any
other

penalty
that the court may impose for a violation of subsection 
(a-7) of Section 1 of
that Act, the
court, upon request by the 
State's Attorney, may in its discretion
require
the offender to 
remit a fee for his or her attendance at a smoker's
education 
or
youth diversion program.

    For purposes of this Section, "smoker's education program" 
or "youth
diversion program" includes, but is not limited to, a 
seminar designed to
educate a person on the physical and 
psychological effects of smoking tobacco
products and the 
health consequences of smoking tobacco products that can be

conducted with a locality's youth diversion program.


    In addition to any other penalty that the court may impose 
under this
subsection
(12):


        (a) If a minor violates subsection (a-7) of Section 1 
    of the Prevention of
Tobacco Use by Minors Act, the court 
    may
impose a sentence of 15 hours of
community service or a 
    fine of $25 for a first violation.

        (b) A second violation by a minor of subsection (a-7) 
    of Section 1 of that Act
that occurs
within 12 months after 
    the first violation is punishable by a fine of $50 and
25

    hours of community service.

        (c) A third or subsequent violation by a minor of 
    subsection (a-7) of Section
1 of that Act
that
occurs 
    within 12 months after the first violation is punishable by 
    a $100
fine
and 30 hours of community service.

        (d) Any second or subsequent violation not within the 
    12-month time period
after the first violation is 
    punishable as provided for a first violation.

(Source: P.A. 96-179, eff. 8-10-09; 96-293, eff. 1-1-10; 
96-1000, eff. 7-2-10; 97-1150, eff. 1-25-13.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.