|
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning courts.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||||||||||||||||||||
5 | changing Section 5-710 as follows:
| ||||||||||||||||||||||||
6 | (705 ILCS 405/5-710)
| ||||||||||||||||||||||||
7 | Sec. 5-710. Kinds of sentencing orders.
| ||||||||||||||||||||||||
8 | (1) The following kinds of sentencing orders may be made in | ||||||||||||||||||||||||
9 | respect of
wards of the court:
| ||||||||||||||||||||||||
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:
| ||||||||||||||||||||||||
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 Juvenile Justice | ||||||||||||||||||||||||
16 | under
this subsection and who is found to be a | ||||||||||||||||||||||||
17 | delinquent for an offense which is
first degree murder, | ||||||||||||||||||||||||
18 | a Class X felony, or a forcible felony shall be placed | ||||||||||||||||||||||||
19 | on
probation;
| ||||||||||||||||||||||||
20 | (ii) placed in accordance with Section 5-740, with | ||||||||||||||||||||||||
21 | or without also being
put on probation or conditional | ||||||||||||||||||||||||
22 | discharge;
| ||||||||||||||||||||||||
23 | (iii) required to undergo a substance abuse |
| |||||||
| |||||||
1 | assessment conducted by a
licensed provider and | ||||||
2 | participate in the indicated clinical level of care;
| ||||||
3 | (iv) placed in the guardianship of the Department | ||||||
4 | of Children and Family
Services, but only if the | ||||||
5 | delinquent minor is under 13 years of age;
| ||||||
6 | (v) placed in detention for a period not to exceed | ||||||
7 | 30 days, either as
the
exclusive order of disposition | ||||||
8 | or, where appropriate, in conjunction with any
other | ||||||
9 | order of disposition issued under this paragraph, | ||||||
10 | provided that any such
detention shall be in a juvenile | ||||||
11 | detention home and the minor so detained shall
be 10 | ||||||
12 | years of age or older. However, the 30-day limitation | ||||||
13 | may be extended by
further order of the court for a | ||||||
14 | minor under age 13 committed to the Department
of | ||||||
15 | Children and Family Services if the court finds that | ||||||
16 | the minor is a danger
to himself or others. The minor | ||||||
17 | shall be given credit on the sentencing order
of | ||||||
18 | detention for time spent in detention under Sections | ||||||
19 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
20 | result of the offense for which the sentencing order | ||||||
21 | was imposed.
The court may grant credit on a sentencing | ||||||
22 | order of detention entered under a
violation of | ||||||
23 | probation or violation of conditional discharge under | ||||||
24 | Section
5-720 of this Article for time spent in | ||||||
25 | detention before the filing of the
petition
alleging | ||||||
26 | the violation. A minor shall not be deprived of credit |
| |||||||
| |||||||
1 | for time spent
in detention before the filing of a | ||||||
2 | violation of probation or conditional
discharge | ||||||
3 | alleging the same or related act or acts;
| ||||||
4 | (vi) ordered partially or completely emancipated | ||||||
5 | in accordance with the
provisions of the Emancipation | ||||||
6 | of Minors Act;
| ||||||
7 | (vii) subject to having his or her driver's license | ||||||
8 | or driving
privileges
suspended for such time as | ||||||
9 | determined by the court but only until he or she
| ||||||
10 | attains 18 years of age;
| ||||||
11 | (viii) put on probation or conditional discharge | ||||||
12 | and placed in detention
under Section 3-6039 of the | ||||||
13 | Counties Code for a period not to exceed the period
of | ||||||
14 | incarceration permitted by law for adults found guilty | ||||||
15 | of the same offense
or offenses for which the minor was | ||||||
16 | adjudicated delinquent, and in any event no
longer than | ||||||
17 | upon attainment of age 21; this subdivision (viii) | ||||||
18 | notwithstanding
any contrary provision of the law; or
| ||||||
19 | (ix) ordered to undergo a medical or other | ||||||
20 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
21 | street gang removed from his or her body.
| ||||||
22 | (b) A minor found to be guilty may be committed to the | ||||||
23 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
24 | minor is 13 years of age or
older,
provided that the | ||||||
25 | commitment to the Department of Juvenile Justice shall be | ||||||
26 | made only if a term of incarceration is permitted by law |
| |||||||
| |||||||
1 | for
adults found guilty of the offense for which the minor | ||||||
2 | was adjudicated
delinquent. The time during which a minor | ||||||
3 | is in custody before being released
upon the request of a | ||||||
4 | parent, guardian or legal custodian shall be considered
as | ||||||
5 | time spent in detention.
| ||||||
6 | (c) When a minor is found to be guilty for an offense | ||||||
7 | which is a violation
of the Illinois Controlled Substances | ||||||
8 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
9 | Control and Community Protection Act and made
a ward of the | ||||||
10 | court, the court may enter a disposition order requiring | ||||||
11 | the
minor to undergo assessment,
counseling or treatment in | ||||||
12 | a substance abuse program approved by the Department
of | ||||||
13 | Human Services.
| ||||||
14 | (2) Any sentencing order other than commitment to the | ||||||
15 | Department of
Juvenile Justice may provide for protective | ||||||
16 | supervision under
Section 5-725 and may include an order of | ||||||
17 | protection under Section 5-730.
| ||||||
18 | (3) Unless the sentencing order expressly so provides, it | ||||||
19 | does not operate
to close proceedings on the pending petition, | ||||||
20 | but is subject to modification
until final closing and | ||||||
21 | discharge of the proceedings under Section 5-750.
| ||||||
22 | (4) In addition to any other sentence, the court may order | ||||||
23 | any
minor
found to be delinquent to make restitution, in | ||||||
24 | monetary or non-monetary form,
under the terms and conditions | ||||||
25 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
26 | that the "presentencing hearing" referred to in that
Section
|
| |||||||
| |||||||
1 | shall be
the sentencing hearing for purposes of this Section. | ||||||
2 | The parent, guardian or
legal custodian of the minor may be | ||||||
3 | ordered by the court to pay some or all of
the restitution on | ||||||
4 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
5 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
6 | victim in seeking restitution in proceedings under this
| ||||||
7 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
8 | Parental
Responsibility Law.
| ||||||
9 | (5) Any sentencing order where the minor is committed or | ||||||
10 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
11 | parents or guardian of the estate of
the minor to pay to the | ||||||
12 | legal custodian or guardian of the person of the minor
such | ||||||
13 | sums as are determined by the custodian or guardian of the | ||||||
14 | person of the
minor as necessary for the minor's needs. The | ||||||
15 | payments may not exceed the
maximum amounts provided for by | ||||||
16 | Section 9.1 of the Children and Family Services
Act.
| ||||||
17 | (6) Whenever the sentencing order requires the minor to | ||||||
18 | attend school or
participate in a program of training, the | ||||||
19 | truant officer or designated school
official shall regularly | ||||||
20 | report to the court if the minor is a chronic or
habitual | ||||||
21 | truant under Section 26-2a of the School Code.
| ||||||
22 | (7) In no event shall a guilty minor be committed to the | ||||||
23 | Department of
Juvenile Justice for a period of time in
excess | ||||||
24 | of
that period for which an adult could be committed for the | ||||||
25 | same act.
| ||||||
26 | (8) A minor found to be guilty for reasons that include a |
| |||||||
| |||||||
1 | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||||||
2 | be ordered to perform
community service for not less than 30 | ||||||
3 | and not more than 120 hours, if
community service is available | ||||||
4 | in the jurisdiction. The community service
shall include, but | ||||||
5 | need not be limited to, the cleanup and repair of the damage
| ||||||
6 | that was caused by the violation or similar damage to property | ||||||
7 | located in the
municipality or county in which the violation | ||||||
8 | occurred. The order may be in
addition to any other order | ||||||
9 | authorized by this Section.
| ||||||
10 | (8.5) A minor found to be guilty for reasons that include a | ||||||
11 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
12 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
13 | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||||||
14 | medical or psychiatric treatment rendered by
a
psychiatrist or | ||||||
15 | psychological treatment rendered by a clinical psychologist.
| ||||||
16 | The order
may be in addition to any other order authorized by | ||||||
17 | this Section.
| ||||||
18 | (9) In addition to any other sentencing order, the court | ||||||
19 | shall order any
minor found
to be guilty for an act which would | ||||||
20 | constitute, predatory criminal sexual
assault of a child, | ||||||
21 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
22 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
23 | committed by an
adult to undergo medical testing to determine | ||||||
24 | whether the defendant has any
sexually transmissible disease | ||||||
25 | including a test for infection with human
immunodeficiency | ||||||
26 | virus (HIV) or any other identified causative agency of
|
| |||||||
| |||||||
1 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
2 | shall be performed
only by appropriately licensed medical | ||||||
3 | practitioners and may include an
analysis of any bodily fluids | ||||||
4 | as well as an examination of the minor's person.
Except as | ||||||
5 | otherwise provided by law, the results of the test shall be | ||||||
6 | kept
strictly confidential by all medical personnel involved in | ||||||
7 | the testing and must
be personally delivered in a sealed | ||||||
8 | envelope to the judge of the court in which
the sentencing | ||||||
9 | order was entered for the judge's inspection in camera. Acting
| ||||||
10 | in accordance with the best interests of the victim and the | ||||||
11 | public, the judge
shall have the discretion to determine to | ||||||
12 | whom the results of the testing may
be revealed. The court | ||||||
13 | shall notify the minor of the results of the test for
infection | ||||||
14 | with the human immunodeficiency virus (HIV). The court shall | ||||||
15 | also
notify the victim if requested by the victim, and if the | ||||||
16 | victim is under the
age of 15 and if requested by the victim's | ||||||
17 | parents or legal guardian, the court
shall notify the victim's | ||||||
18 | parents or the legal guardian, of the results of the
test for | ||||||
19 | infection with the human immunodeficiency virus (HIV). The | ||||||
20 | court
shall provide information on the availability of HIV | ||||||
21 | testing and counseling at
the Department of Public Health | ||||||
22 | facilities to all parties to whom the
results of the testing | ||||||
23 | are revealed. The court shall order that the cost of
any test | ||||||
24 | shall be paid by the county and may be taxed as costs against | ||||||
25 | the
minor.
| ||||||
26 | (10) When a court finds a minor to be guilty the court |
| |||||||
| |||||||
1 | shall, before
entering a sentencing order under this Section, | ||||||
2 | make a finding whether the
offense committed either: (a) was | ||||||
3 | related to or in furtherance of the criminal
activities of an | ||||||
4 | organized gang or was motivated by the minor's membership in
or | ||||||
5 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
6 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||||||
7 | a violation of
any
Section of Article 24 of the Criminal Code | ||||||
8 | of 1961, or a violation of any
statute that involved the | ||||||
9 | wrongful use of a firearm. If the court determines
the question | ||||||
10 | in the affirmative,
and the court does not commit the minor to | ||||||
11 | the Department of Juvenile Justice, the court shall order the | ||||||
12 | minor to perform community service
for not less than 30 hours | ||||||
13 | nor more than 120 hours, provided that community
service is | ||||||
14 | available in the jurisdiction and is funded and approved by the
| ||||||
15 | county board of the county where the offense was committed. The | ||||||
16 | community
service shall include, but need not be limited to, | ||||||
17 | the cleanup and repair of
any damage caused by a violation of | ||||||
18 | Section 21-1.3 of the Criminal Code of 1961
and similar damage | ||||||
19 | to property located in the municipality or county in which
the | ||||||
20 | violation occurred. When possible and reasonable, the | ||||||
21 | community service
shall be performed in the minor's | ||||||
22 | neighborhood. This order shall be in
addition to any other | ||||||
23 | order authorized by this Section
except for an order to place | ||||||
24 | the minor in the custody of the Department of
Juvenile Justice. | ||||||
25 | For the purposes of this Section, "organized
gang" has the | ||||||
26 | meaning ascribed to it in Section 10 of the Illinois Streetgang
|
| |||||||
| |||||||
1 | Terrorism Omnibus Prevention Act.
| ||||||
2 | (11) In addition to any other sentence, the court shall | ||||||
3 | order any
minor
found to be delinquent to be enrolled in a | ||||||
4 | streetgang workshop detention program of at least 12 hours | ||||||
5 | operated by the Department of Juvenile Justice. The program | ||||||
6 | shall instruct the delinquent minor in the dangers of | ||||||
7 | streetgangs and streetgang related activities and on how to | ||||||
8 | avoid joining a streetgang. For the purposes of this subsection | ||||||
9 | (11), "streetgang" and "streetgang related" have the meanings | ||||||
10 | ascribed to them in Section 10 of the Illinois Streetgang | ||||||
11 | Terrorism Omnibus Prevention Act.
| ||||||
12 | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06 .)
|