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1 | AN ACT concerning juvenile delinquents.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||
5 | changing Sections 5-710 and 5-720 as follows:
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6 | (705 ILCS 405/5-710)
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7 | Sec. 5-710. Kinds of sentencing orders.
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8 | (1) The following kinds of sentencing orders may be made in | |||||||||||||||||||||
9 | respect of
wards of the court:
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10 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | |||||||||||||||||||||
11 | a minor who is
found
guilty under Section 5-620 may be:
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12 | (i) put on probation or conditional discharge and | |||||||||||||||||||||
13 | released to his or her
parents, guardian or legal | |||||||||||||||||||||
14 | custodian, provided, however, that any such minor
who | |||||||||||||||||||||
15 | is not committed to the Department of Corrections, | |||||||||||||||||||||
16 | Juvenile Division under
this subsection and who is | |||||||||||||||||||||
17 | found to be a delinquent for an offense which is
first | |||||||||||||||||||||
18 | degree murder, a Class X felony, or a forcible felony | |||||||||||||||||||||
19 | shall be placed on
probation;
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20 | (ii) placed in accordance with Section 5-740, with | |||||||||||||||||||||
21 | or without also being
put on probation or conditional | |||||||||||||||||||||
22 | discharge;
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23 | (iii) required to undergo a substance abuse | |||||||||||||||||||||
24 | assessment conducted by a
licensed provider and | |||||||||||||||||||||
25 | participate in the indicated clinical level of care;
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26 | (iv) placed in the guardianship of the Department | |||||||||||||||||||||
27 | of Children and Family
Services, but only if the | |||||||||||||||||||||
28 | delinquent minor is under 13 years of age;
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29 | (v) placed in detention for a period not to exceed | |||||||||||||||||||||
30 | 30 days, either as
the
exclusive order of disposition | |||||||||||||||||||||
31 | or, where appropriate, in conjunction with any
other | |||||||||||||||||||||
32 | order of disposition issued under this paragraph, |
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1 | provided that any such
detention shall be in a juvenile | ||||||
2 | detention home and the minor so detained shall
be 10 | ||||||
3 | years of age or older and under 21 years of age . | ||||||
4 | However, the 30-day limitation may be extended by
| ||||||
5 | further order of the court for a minor under age 13 | ||||||
6 | committed to the Department
of Children and Family | ||||||
7 | Services if the court finds that the minor is a danger
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8 | to himself or others. The minor shall be given credit | ||||||
9 | on the sentencing order
of detention for time spent in | ||||||
10 | detention under Sections 5-501, 5-601, 5-710, or
5-720 | ||||||
11 | of this
Article as a result of the offense for which | ||||||
12 | the sentencing order was imposed.
The court may grant | ||||||
13 | credit on a sentencing order of detention entered under | ||||||
14 | a
violation of probation or violation of conditional | ||||||
15 | discharge under Section
5-720 of this Article for time | ||||||
16 | spent in detention before the filing of the
petition
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17 | alleging the violation. A minor shall not be deprived | ||||||
18 | of credit for time spent
in detention before the filing | ||||||
19 | of a violation of probation or conditional
discharge | ||||||
20 | alleging the same or related act or acts;
| ||||||
21 | (vi) ordered partially or completely emancipated | ||||||
22 | in accordance with the
provisions of the Emancipation | ||||||
23 | of Mature Minors Act;
| ||||||
24 | (vii) subject to having his or her driver's license | ||||||
25 | or driving
privileges
suspended for such time as | ||||||
26 | determined by the court but only until he or she
| ||||||
27 | attains 18 years of age;
| ||||||
28 | (viii) put on probation or conditional discharge | ||||||
29 | and placed in detention
under Section 3-6039 of the | ||||||
30 | Counties Code for a period not to exceed the period
of | ||||||
31 | incarceration permitted by law for adults found guilty | ||||||
32 | of the same offense
or offenses for which the minor was | ||||||
33 | adjudicated delinquent, and in any event no
longer than | ||||||
34 | upon attainment of age 21; this subdivision (viii) | ||||||
35 | notwithstanding
any contrary provision of the law; or
| ||||||
36 | (ix) ordered to undergo a medical or other |
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1 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
2 | street gang removed from his or her body ; or | ||||||
3 | (x) if the minor is 17 years of age or older, | ||||||
4 | committed to a term of confinement in a county jail .
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5 | (b) A minor found to be guilty may be committed to the | ||||||
6 | Department of
Corrections,
Juvenile Division, under | ||||||
7 | Section 5-750 if the minor is 13 years of age or
older,
| ||||||
8 | provided that the commitment to the Department of | ||||||
9 | Corrections, Juvenile
Division, shall be made only if a | ||||||
10 | term of incarceration is permitted by law for
adults found | ||||||
11 | guilty of the offense for which the minor was adjudicated
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12 | delinquent. The time during which a minor is in custody | ||||||
13 | before being released
upon the request of a parent, | ||||||
14 | guardian or legal custodian shall be considered
as time | ||||||
15 | spent in detention.
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16 | (c) When a minor is found to be guilty for an offense | ||||||
17 | which is a violation
of the Illinois Controlled Substances | ||||||
18 | Act or the Cannabis Control Act and made
a ward of the | ||||||
19 | court, the court may enter a disposition order requiring | ||||||
20 | the
minor to undergo assessment,
counseling or treatment in | ||||||
21 | a substance abuse program approved by the Department
of | ||||||
22 | Human Services.
| ||||||
23 | (2) Any sentencing order other than commitment to the | ||||||
24 | Department of
Corrections, Juvenile Division, may provide for | ||||||
25 | protective supervision under
Section 5-725 and may include an | ||||||
26 | order of protection under Section 5-730.
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27 | (3) Unless the sentencing order expressly so provides, it | ||||||
28 | does not operate
to close proceedings on the pending petition, | ||||||
29 | but is subject to modification
until final closing and | ||||||
30 | discharge of the proceedings under Section 5-750.
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31 | (4) In addition to any other sentence, the court may order | ||||||
32 | any
minor
found to be delinquent to make restitution, in | ||||||
33 | monetary or non-monetary form,
under the terms and conditions | ||||||
34 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
35 | that the "presentencing hearing" referred to in that
Section
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36 | shall be
the sentencing hearing for purposes of this Section. |
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1 | The parent, guardian or
legal custodian of the minor may be | ||||||
2 | ordered by the court to pay some or all of
the restitution on | ||||||
3 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
4 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
5 | victim in seeking restitution in proceedings under this
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6 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
7 | Parental
Responsibility Law.
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8 | (5) Any sentencing order where the minor is committed or | ||||||
9 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
10 | parents or guardian of the estate of
the minor to pay to the | ||||||
11 | legal custodian or guardian of the person of the minor
such | ||||||
12 | sums as are determined by the custodian or guardian of the | ||||||
13 | person of the
minor as necessary for the minor's needs. The | ||||||
14 | payments may not exceed the
maximum amounts provided for by | ||||||
15 | Section 9.1 of the Children and Family Services
Act.
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16 | (6) Whenever the sentencing order requires the minor to | ||||||
17 | attend school or
participate in a program of training, the | ||||||
18 | truant officer or designated school
official shall regularly | ||||||
19 | report to the court if the minor is a chronic or
habitual | ||||||
20 | truant under Section 26-2a of the School Code.
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21 | (7) In no event shall a guilty minor be committed to the | ||||||
22 | Department of
Corrections, Juvenile Division for a period of | ||||||
23 | time in
excess of
that period for which an adult could be | ||||||
24 | committed for the same act.
| ||||||
25 | (8) A minor found to be guilty for reasons that include a | ||||||
26 | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||||||
27 | be ordered to perform
community service for not less than 30 | ||||||
28 | and not more than 120 hours, if
community service is available | ||||||
29 | in the jurisdiction. The community service
shall include, but | ||||||
30 | need not be limited to, the cleanup and repair of the damage
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31 | that was caused by the violation or similar damage to property | ||||||
32 | located in the
municipality or county in which the violation | ||||||
33 | occurred. The order may be in
addition to any other order | ||||||
34 | authorized by this Section.
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35 | (8.5) A minor found to be guilty for reasons that include a | ||||||
36 | violation of
Section
3.02 or Section 3.03 of the Humane Care |
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1 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
2 | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||||||
3 | medical or psychiatric treatment rendered by
a
psychiatrist or | ||||||
4 | psychological treatment rendered by a clinical psychologist.
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5 | The order
may be in addition to any other order authorized by | ||||||
6 | this Section.
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7 | (9) In addition to any other sentencing order, the court | ||||||
8 | shall order any
minor found
to be guilty for an act which would | ||||||
9 | constitute, predatory criminal sexual
assault of a child, | ||||||
10 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
11 | aggravated criminal sexual abuse, or criminal sexual abuse if
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12 | committed by an
adult to undergo medical testing to determine | ||||||
13 | whether the defendant has any
sexually transmissible disease | ||||||
14 | including a test for infection with human
immunodeficiency | ||||||
15 | virus (HIV) or any other identified causative agency of
| ||||||
16 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
17 | shall be performed
only by appropriately licensed medical | ||||||
18 | practitioners and may include an
analysis of any bodily fluids | ||||||
19 | as well as an examination of the minor's person.
Except as | ||||||
20 | otherwise provided by law, the results of the test shall be | ||||||
21 | kept
strictly confidential by all medical personnel involved in | ||||||
22 | the testing and must
be personally delivered in a sealed | ||||||
23 | envelope to the judge of the court in which
the sentencing | ||||||
24 | order was entered for the judge's inspection in camera. Acting
| ||||||
25 | in accordance with the best interests of the victim and the | ||||||
26 | public, the judge
shall have the discretion to determine to | ||||||
27 | whom the results of the testing may
be revealed. The court | ||||||
28 | shall notify the minor of the results of the test for
infection | ||||||
29 | with the human immunodeficiency virus (HIV). The court shall | ||||||
30 | also
notify the victim if requested by the victim, and if the | ||||||
31 | victim is under the
age of 15 and if requested by the victim's | ||||||
32 | parents or legal guardian, the court
shall notify the victim's | ||||||
33 | parents or the legal guardian, of the results of the
test for | ||||||
34 | infection with the human immunodeficiency virus (HIV). The | ||||||
35 | court
shall provide information on the availability of HIV | ||||||
36 | testing and counseling at
the Department of Public Health |
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1 | facilities to all parties to whom the
results of the testing | ||||||
2 | are revealed. The court shall order that the cost of
any test | ||||||
3 | shall be paid by the county and may be taxed as costs against | ||||||
4 | the
minor.
| ||||||
5 | (10) When a court finds a minor to be guilty the court | ||||||
6 | shall, before
entering a sentencing order under this Section, | ||||||
7 | make a finding whether the
offense committed either: (a) was | ||||||
8 | related to or in furtherance of the criminal
activities of an | ||||||
9 | organized gang or was motivated by the minor's membership in
or | ||||||
10 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
11 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||||||
12 | a violation of
any
Section of Article 24 of the Criminal Code | ||||||
13 | of 1961, or a violation of any
statute that involved the | ||||||
14 | wrongful use of a firearm. If the court determines
the question | ||||||
15 | in the affirmative,
and the court does not commit the minor to | ||||||
16 | the Department of Corrections,
Juvenile Division, the court | ||||||
17 | shall order the minor to perform community service
for not less | ||||||
18 | than 30 hours nor more than 120 hours, provided that community
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19 | service is available in the jurisdiction and is funded and | ||||||
20 | approved by the
county board of the county where the offense | ||||||
21 | was committed. The community
service shall include, but need | ||||||
22 | not be limited to, the cleanup and repair of
any damage caused | ||||||
23 | by a violation of Section 21-1.3 of the Criminal Code of 1961
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24 | and similar damage to property located in the municipality or | ||||||
25 | county in which
the violation occurred. When possible and | ||||||
26 | reasonable, the community service
shall be performed in the | ||||||
27 | minor's neighborhood. This order shall be in
addition to any | ||||||
28 | other order authorized by this Section
except for an order to | ||||||
29 | place the minor in the custody of the Department of
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30 | Corrections, Juvenile Division. For the purposes of this | ||||||
31 | Section, "organized
gang" has the meaning ascribed to it in | ||||||
32 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
33 | Prevention Act.
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34 | (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02; revised | ||||||
35 | 10-9-03.)
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1 | (705 ILCS 405/5-720)
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2 | Sec. 5-720. Probation revocation.
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3 | (1) If a petition is filed charging a violation of a | ||||||
4 | condition of
probation or of conditional discharge, the court | ||||||
5 | shall:
| ||||||
6 | (a) order the minor to appear; or
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7 | (b) order the minor's detention if the court finds that | ||||||
8 | the detention is
a matter of immediate and urgent necessity | ||||||
9 | for the protection of the minor or
of the person or | ||||||
10 | property of another or that the minor is likely to flee the
| ||||||
11 | jurisdiction of the court, provided that any such detention | ||||||
12 | shall be in a
juvenile detention home and the minor so | ||||||
13 | detained shall be 10 years of age or
older and under 21 | ||||||
14 | years of age ; and
| ||||||
15 | (c) notify the persons named in the petition under | ||||||
16 | Section 5-520, in
accordance with the provisions of Section | ||||||
17 | 5-530.
| ||||||
18 | In making its detention determination under paragraph (b) | ||||||
19 | of this subsection
(1) of this
Section, the court may use | ||||||
20 | information in its findings offered at such a
hearing by way of | ||||||
21 | proffer based upon reliable information presented by the
State, | ||||||
22 | probation officer, or the minor. The filing of a petition for | ||||||
23 | violation
of a condition of probation or of conditional | ||||||
24 | discharge shall toll the period
of probation or of conditional | ||||||
25 | discharge until the final determination of the
charge, and the | ||||||
26 | term of probation or conditional discharge shall not run until
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27 | the hearing and disposition of the petition for violation.
| ||||||
28 | (2) The court shall conduct a hearing of the alleged | ||||||
29 | violation of
probation or of
conditional discharge. The minor | ||||||
30 | shall not be held in detention longer than 15
days pending the | ||||||
31 | determination of the alleged violation.
| ||||||
32 | (3) At the hearing, the State shall have the burden of | ||||||
33 | going forward with
the evidence and proving the violation by a | ||||||
34 | preponderance of the evidence.
The evidence shall be presented | ||||||
35 | in court with the right of confrontation,
cross-examination, | ||||||
36 | and representation by counsel.
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1 | (4) If the court finds that the minor has
violated a | ||||||
2 | condition at any time prior to the expiration or termination of | ||||||
3 | the
period of probation or conditional discharge, it
may | ||||||
4 | continue him or her on the existing sentence, with or without | ||||||
5 | modifying
or
enlarging the conditions, or may revoke probation | ||||||
6 | or conditional discharge and
impose any other sentence that was | ||||||
7 | available under Section 5-710 at the time
of the initial | ||||||
8 | sentence , including sentencing the minor to a term of | ||||||
9 | confinement in a county jail for a period not to exceed 6 | ||||||
10 | months if the minor is 17 years of age or older .
| ||||||
11 | (5) The conditions of probation and of conditional | ||||||
12 | discharge may be
reduced or enlarged by the court on motion of | ||||||
13 | the probation officer or on its
own motion or at the request of | ||||||
14 | the minor after notice and hearing under this
Section.
| ||||||
15 | (6) Sentencing after revocation of probation or of | ||||||
16 | conditional discharge
shall be under Section 5-705.
| ||||||
17 | (7) Instead of filing a violation of probation or of | ||||||
18 | conditional
discharge, the probation officer, with the | ||||||
19 | concurrence of his or her
supervisor, may serve on the minor a | ||||||
20 | notice of intermediate sanctions. The
notice shall contain the | ||||||
21 | technical violation or violations involved, the date
or dates | ||||||
22 | of the violation or violations, and the intermediate sanctions | ||||||
23 | to be
imposed. Upon receipt of the notice, the minor shall | ||||||
24 | immediately accept or
reject the intermediate sanctions. If the | ||||||
25 | sanctions are accepted, they shall
be imposed immediately. If | ||||||
26 | the intermediate sanctions are rejected or the
minor does not | ||||||
27 | respond to the notice, a violation
of probation or of | ||||||
28 | conditional discharge shall be immediately filed with the
| ||||||
29 | court. The State's Attorney and the sentencing court shall be | ||||||
30 | notified of the
notice of sanctions. Upon successful completion | ||||||
31 | of the intermediate sanctions,
a court may not revoke probation | ||||||
32 | or conditional discharge or impose additional
sanctions for the | ||||||
33 | same violation. A notice of intermediate sanctions may not
be | ||||||
34 | issued for any violation of probation or conditional discharge | ||||||
35 | which could
warrant an additional, separate felony charge.
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36 | (Source: P.A. 90-590, eff. 1-1-99.)
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