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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||||
5 | 10-20.12a as follows:
| ||||||||||||||||||||||||||
6 | (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
| ||||||||||||||||||||||||||
7 | Sec. 10-20.12a. Tuition for non-resident pupils. To charge | ||||||||||||||||||||||||||
8 | non-resident pupils who attend the schools of the district
| ||||||||||||||||||||||||||
9 | tuition in an amount not exceeding 110% of the per capita
cost | ||||||||||||||||||||||||||
10 | of maintaining the schools of the district for the preceding | ||||||||||||||||||||||||||
11 | school year.
| ||||||||||||||||||||||||||
12 | Such per capita cost shall be computed by dividing the | ||||||||||||||||||||||||||
13 | total cost of
conducting and maintaining the schools of the | ||||||||||||||||||||||||||
14 | district by the average daily
attendance, including tuition | ||||||||||||||||||||||||||
15 | pupils. Depreciation on the buildings and
equipment of the | ||||||||||||||||||||||||||
16 | schools of the district, and the amount of annual
depreciation | ||||||||||||||||||||||||||
17 | on such buildings and equipment shall be dependent upon the
| ||||||||||||||||||||||||||
18 | useful life of such property.
| ||||||||||||||||||||||||||
19 | The tuition charged shall in no case exceed 110% of the per | ||||||||||||||||||||||||||
20 | capita
cost of conducting and maintaining the schools of the | ||||||||||||||||||||||||||
21 | district attended, as
determined
with reference to the most | ||||||||||||||||||||||||||
22 | recent audit prepared under Section 3-7 which is
available at | ||||||||||||||||||||||||||
23 | the commencement of the current school year.
Non-resident |
| |||||||
| |||||||
1 | pupils attending the schools of the district
for less than the
| ||||||
2 | school term shall have their tuition apportioned, however | ||||||
3 | pupils who become
non-resident during a school term shall not | ||||||
4 | be charged tuition for the
remainder of the school term in | ||||||
5 | which they became non-resident pupils.
| ||||||
6 | Unless otherwise agreed to by the parties involved and | ||||||
7 | where the
educational services are not otherwise provided for, | ||||||
8 | educational services
for an Illinois student under the age of | ||||||
9 | 21 in a residential program
designed to correct alcohol or | ||||||
10 | other drug dependencies shall be provided by
the district in | ||||||
11 | which the facility is located and financed as follows. The cost | ||||||
12 | of educational services shall be paid by the district of the | ||||||
13 | student's residence to the district wherein the facility is | ||||||
14 | located no less than once per month, unless otherwise agreed to | ||||||
15 | by the parties. The funding provision in this paragraph applies | ||||||
16 | to all Illinois students receiving educational services, | ||||||
17 | whether placed pursuant to this Code or the Juvenile Court Act | ||||||
18 | of 1987, by court order, or by a State agency or whether the | ||||||
19 | student voluntarily enrolls or is enrolled by a parent or | ||||||
20 | guardian. Nothing in this Section shall be construed to relieve | ||||||
21 | the district of the student's residence of financial | ||||||
22 | responsibility based on the manner in which the student was | ||||||
23 | placed at the facility. Subsections (b), (c), (c-5), (d), (e), | ||||||
24 | (f), and (g) of Section 10-20.12b of this Code do not apply to | ||||||
25 | Illinois students placed, through whatever means, at a | ||||||
26 | residential program designed to correct alcohol or other drug |
| |||||||
| |||||||
1 | dependencies. The
cost of educational services shall be paid by | ||||||
2 | the district in which the
student resides in an amount equal to | ||||||
3 | the cost of providing educational
services in a treatment | ||||||
4 | facility. Payments shall be made by the district
of the | ||||||
5 | student's residence and shall be made to the district wherein | ||||||
6 | the
facility is located no less than once per month unless | ||||||
7 | otherwise agreed to
by the parties.
| ||||||
8 | (Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98.)
| ||||||
9 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
10 | changing Section 5-710 as follows:
| ||||||
11 | (705 ILCS 405/5-710)
| ||||||
12 | (Text of Section before amendment by P.A. 95-337 and | ||||||
13 | 95-642 ) | ||||||
14 | Sec. 5-710. Kinds of sentencing orders.
| ||||||
15 | (1) The following kinds of sentencing orders may be made in | ||||||
16 | respect of
wards of the court:
| ||||||
17 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
18 | a minor who is
found
guilty under Section 5-620 may be:
| ||||||
19 | (i) put on probation or conditional discharge and | ||||||
20 | released to his or her
parents, guardian or legal | ||||||
21 | custodian, provided, however, that any such minor
who | ||||||
22 | is not committed to the Department of Juvenile Justice | ||||||
23 | under
this subsection and who is found to be a | ||||||
24 | delinquent for an offense which is
first degree murder, |
| |||||||
| |||||||
1 | a Class X felony, or a forcible felony shall be placed | ||||||
2 | on
probation;
| ||||||
3 | (ii) placed in accordance with Section 5-740, with | ||||||
4 | or without also being
put on probation or conditional | ||||||
5 | discharge;
| ||||||
6 | (iii) required to undergo a substance abuse | ||||||
7 | assessment conducted by a
licensed provider and | ||||||
8 | participate in the indicated clinical level of care;
| ||||||
9 | (iv) placed in the guardianship of the Department | ||||||
10 | of Children and Family
Services, but only if the | ||||||
11 | delinquent minor is under 13 years of age;
| ||||||
12 | (v) placed in detention for a period not to exceed | ||||||
13 | 30 days, either as
the
exclusive order of disposition | ||||||
14 | or, where appropriate, in conjunction with any
other | ||||||
15 | order of disposition issued under this paragraph, | ||||||
16 | provided that any such
detention shall be in a juvenile | ||||||
17 | detention home and the minor so detained shall
be 10 | ||||||
18 | years of age or older. However, the 30-day limitation | ||||||
19 | may be extended by
further order of the court for a | ||||||
20 | minor under age 13 committed to the Department
of | ||||||
21 | Children and Family Services if the court finds that | ||||||
22 | the minor is a danger
to himself or others. The minor | ||||||
23 | shall be given credit on the sentencing order
of | ||||||
24 | detention for time spent in detention under Sections | ||||||
25 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
26 | result of the offense for which the sentencing order |
| |||||||
| |||||||
1 | was imposed.
The court may grant credit on a sentencing | ||||||
2 | order of detention entered under a
violation of | ||||||
3 | probation or violation of conditional discharge under | ||||||
4 | Section
5-720 of this Article for time spent in | ||||||
5 | detention before the filing of the
petition
alleging | ||||||
6 | the violation. A minor shall not be deprived of credit | ||||||
7 | for time spent
in detention before the filing of a | ||||||
8 | violation of probation or conditional
discharge | ||||||
9 | alleging the same or related act or acts;
| ||||||
10 | (vi) ordered partially or completely emancipated | ||||||
11 | in accordance with the
provisions of the Emancipation | ||||||
12 | of Minors Act;
| ||||||
13 | (vii) subject to having his or her driver's license | ||||||
14 | or driving
privileges
suspended for such time as | ||||||
15 | determined by the court but only until he or she
| ||||||
16 | attains 18 years of age;
| ||||||
17 | (viii) put on probation or conditional discharge | ||||||
18 | and placed in detention
under Section 3-6039 of the | ||||||
19 | Counties Code for a period not to exceed the period
of | ||||||
20 | incarceration permitted by law for adults found guilty | ||||||
21 | of the same offense
or offenses for which the minor was | ||||||
22 | adjudicated delinquent, and in any event no
longer than | ||||||
23 | upon attainment of age 21; this subdivision (viii) | ||||||
24 | notwithstanding
any contrary provision of the law; or
| ||||||
25 | (ix) ordered to undergo a medical or other | ||||||
26 | procedure to have a tattoo
symbolizing allegiance to a |
| |||||||
| |||||||
1 | street gang removed from his or her body.
| ||||||
2 | (b) A minor found to be guilty may be committed to the | ||||||
3 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
4 | minor is 13 years of age or
older,
provided that the | ||||||
5 | commitment to the Department of Juvenile Justice shall be | ||||||
6 | made only if a term of incarceration is permitted by law | ||||||
7 | for
adults found guilty of the offense for which the minor | ||||||
8 | was adjudicated
delinquent. The time during which a minor | ||||||
9 | is in custody before being released
upon the request of a | ||||||
10 | parent, guardian or legal custodian shall be considered
as | ||||||
11 | time spent in detention.
| ||||||
12 | (c) When a minor is found to be guilty for an offense | ||||||
13 | which is a violation
of the Illinois Controlled Substances | ||||||
14 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
15 | Control and Community Protection Act and made
a ward of the | ||||||
16 | court, the court may enter a disposition order requiring | ||||||
17 | the
minor to undergo assessment,
counseling or treatment in | ||||||
18 | a substance abuse program approved by the Department
of | ||||||
19 | Human Services.
| ||||||
20 | (2) Any sentencing order other than commitment to the | ||||||
21 | Department of
Juvenile Justice may provide for protective | ||||||
22 | supervision under
Section 5-725 and may include an order of | ||||||
23 | protection under Section 5-730.
| ||||||
24 | (3) Unless the sentencing order expressly so provides, it | ||||||
25 | does not operate
to close proceedings on the pending petition, | ||||||
26 | but is subject to modification
until final closing and |
| |||||||
| |||||||
1 | discharge of the proceedings under Section 5-750.
| ||||||
2 | (4) In addition to any other sentence, the court may order | ||||||
3 | any
minor
found to be delinquent to make restitution, in | ||||||
4 | monetary or non-monetary form,
under the terms and conditions | ||||||
5 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
6 | that the "presentencing hearing" referred to in that
Section
| ||||||
7 | shall be
the sentencing hearing for purposes of this Section. | ||||||
8 | The parent, guardian or
legal custodian of the minor may be | ||||||
9 | ordered by the court to pay some or all of
the restitution on | ||||||
10 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
11 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
12 | victim in seeking restitution in proceedings under this
| ||||||
13 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
14 | Parental
Responsibility Law.
| ||||||
15 | (5) Any sentencing order where the minor is committed or | ||||||
16 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
17 | parents or guardian of the estate of
the minor to pay to the | ||||||
18 | legal custodian or guardian of the person of the minor
such | ||||||
19 | sums as are determined by the custodian or guardian of the | ||||||
20 | person of the
minor as necessary for the minor's needs. The | ||||||
21 | payments may not exceed the
maximum amounts provided for by | ||||||
22 | Section 9.1 of the Children and Family Services
Act.
| ||||||
23 | (6) Whenever the sentencing order requires the minor to | ||||||
24 | attend school or
participate in a program of training, the | ||||||
25 | truant officer or designated school
official shall regularly | ||||||
26 | report to the court if the minor is a chronic or
habitual |
| |||||||
| |||||||
1 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
2 | any other provision of this Act, in instances in which | ||||||
3 | educational services are to be provided to a minor in a | ||||||
4 | residential program designed to correct alcohol or other drug | ||||||
5 | dependencies, costs incurred in the provision of those services | ||||||
6 | must be allocated based on the requirements of Section | ||||||
7 | 10-20.12a of the School Code.
| ||||||
8 | (7) In no event shall a guilty minor be committed to the | ||||||
9 | Department of
Juvenile Justice for a period of time in
excess | ||||||
10 | of
that period for which an adult could be committed for the | ||||||
11 | same act.
| ||||||
12 | (8) A minor found to be guilty for reasons that include a | ||||||
13 | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||||||
14 | be ordered to perform
community service for not less than 30 | ||||||
15 | and not more than 120 hours, if
community service is available | ||||||
16 | in the jurisdiction. The community service
shall include, but | ||||||
17 | need not be limited to, the cleanup and repair of the damage
| ||||||
18 | that was caused by the violation or similar damage to property | ||||||
19 | located in the
municipality or county in which the violation | ||||||
20 | occurred. The order may be in
addition to any other order | ||||||
21 | authorized by this Section.
| ||||||
22 | (8.5) A minor found to be guilty for reasons that include a | ||||||
23 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
24 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
25 | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||||||
26 | medical or psychiatric treatment rendered by
a
psychiatrist or |
| |||||||
| |||||||
1 | psychological treatment rendered by a clinical psychologist.
| ||||||
2 | The order
may be in addition to any other order authorized by | ||||||
3 | this Section.
| ||||||
4 | (9) In addition to any other sentencing order, the court | ||||||
5 | shall order any
minor found
to be guilty for an act which would | ||||||
6 | constitute, predatory criminal sexual
assault of a child, | ||||||
7 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
8 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
9 | committed by an
adult to undergo medical testing to determine | ||||||
10 | whether the defendant has any
sexually transmissible disease | ||||||
11 | including a test for infection with human
immunodeficiency | ||||||
12 | virus (HIV) or any other identified causative agency of
| ||||||
13 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
14 | shall be performed
only by appropriately licensed medical | ||||||
15 | practitioners and may include an
analysis of any bodily fluids | ||||||
16 | as well as an examination of the minor's person.
Except as | ||||||
17 | otherwise provided by law, the results of the test shall be | ||||||
18 | kept
strictly confidential by all medical personnel involved in | ||||||
19 | the testing and must
be personally delivered in a sealed | ||||||
20 | envelope to the judge of the court in which
the sentencing | ||||||
21 | order was entered for the judge's inspection in camera. Acting
| ||||||
22 | in accordance with the best interests of the victim and the | ||||||
23 | public, the judge
shall have the discretion to determine to | ||||||
24 | whom the results of the testing may
be revealed. The court | ||||||
25 | shall notify the minor of the results of the test for
infection | ||||||
26 | with the human immunodeficiency virus (HIV). The court shall |
| |||||||
| |||||||
1 | also
notify the victim if requested by the victim, and if the | ||||||
2 | victim is under the
age of 15 and if requested by the victim's | ||||||
3 | parents or legal guardian, the court
shall notify the victim's | ||||||
4 | parents or the legal guardian, of the results of the
test for | ||||||
5 | infection with the human immunodeficiency virus (HIV). The | ||||||
6 | court
shall provide information on the availability of HIV | ||||||
7 | testing and counseling at
the Department of Public Health | ||||||
8 | facilities to all parties to whom the
results of the testing | ||||||
9 | are revealed. The court shall order that the cost of
any test | ||||||
10 | shall be paid by the county and may be taxed as costs against | ||||||
11 | the
minor.
| ||||||
12 | (10) When a court finds a minor to be guilty the court | ||||||
13 | shall, before
entering a sentencing order under this Section, | ||||||
14 | make a finding whether the
offense committed either: (a) was | ||||||
15 | related to or in furtherance of the criminal
activities of an | ||||||
16 | organized gang or was motivated by the minor's membership in
or | ||||||
17 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
18 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||||||
19 | a violation of
any
Section of Article 24 of the Criminal Code | ||||||
20 | of 1961, or a violation of any
statute that involved the | ||||||
21 | wrongful use of a firearm. If the court determines
the question | ||||||
22 | in the affirmative,
and the court does not commit the minor to | ||||||
23 | the Department of Juvenile Justice, the court shall order the | ||||||
24 | minor to perform community service
for not less than 30 hours | ||||||
25 | nor more than 120 hours, provided that community
service is | ||||||
26 | available in the jurisdiction and is funded and approved by the
|
| |||||||
| |||||||
1 | county board of the county where the offense was committed. The | ||||||
2 | community
service shall include, but need not be limited to, | ||||||
3 | the cleanup and repair of
any damage caused by a violation of | ||||||
4 | Section 21-1.3 of the Criminal Code of 1961
and similar damage | ||||||
5 | to property located in the municipality or county in which
the | ||||||
6 | violation occurred. When possible and reasonable, the | ||||||
7 | community service
shall be performed in the minor's | ||||||
8 | neighborhood. This order shall be in
addition to any other | ||||||
9 | order authorized by this Section
except for an order to place | ||||||
10 | the minor in the custody of the Department of
Juvenile Justice. | ||||||
11 | For the purposes of this Section, "organized
gang" has the | ||||||
12 | meaning ascribed to it in Section 10 of the Illinois Streetgang
| ||||||
13 | Terrorism Omnibus Prevention Act.
| ||||||
14 | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)
| ||||||
15 | (Text of Section after amendment by P.A. 95-337 and 95-642 ) | ||||||
16 | Sec. 5-710. Kinds of sentencing orders.
| ||||||
17 | (1) The following kinds of sentencing orders may be made in | ||||||
18 | respect of
wards of the court:
| ||||||
19 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
20 | a minor who is
found
guilty under Section 5-620 may be:
| ||||||
21 | (i) put on probation or conditional discharge and | ||||||
22 | released to his or her
parents, guardian or legal | ||||||
23 | custodian, provided, however, that any such minor
who | ||||||
24 | is not committed to the Department of Juvenile Justice | ||||||
25 | under
this subsection and who is found to be a |
| |||||||
| |||||||
1 | delinquent for an offense which is
first degree murder, | ||||||
2 | a Class X felony, or a forcible felony shall be placed | ||||||
3 | on
probation;
| ||||||
4 | (ii) placed in accordance with Section 5-740, with | ||||||
5 | or without also being
put on probation or conditional | ||||||
6 | discharge;
| ||||||
7 | (iii) required to undergo a substance abuse | ||||||
8 | assessment conducted by a
licensed provider and | ||||||
9 | participate in the indicated clinical level of care;
| ||||||
10 | (iv) placed in the guardianship of the Department | ||||||
11 | of Children and Family
Services, but only if the | ||||||
12 | delinquent minor is under 15 years of age or, pursuant | ||||||
13 | to Article II of this Act, a minor for whom an | ||||||
14 | independent basis of abuse, neglect, or dependency | ||||||
15 | exists. An independent basis exists when the | ||||||
16 | allegations or adjudication of abuse, neglect, or | ||||||
17 | dependency do not arise from the same facts, incident, | ||||||
18 | or circumstances which give rise to a charge or | ||||||
19 | adjudication of delinquency;
| ||||||
20 | (v) placed in detention for a period not to exceed | ||||||
21 | 30 days, either as
the
exclusive order of disposition | ||||||
22 | or, where appropriate, in conjunction with any
other | ||||||
23 | order of disposition issued under this paragraph, | ||||||
24 | provided that any such
detention shall be in a juvenile | ||||||
25 | detention home and the minor so detained shall
be 10 | ||||||
26 | years of age or older. However, the 30-day limitation |
| |||||||
| |||||||
1 | may be extended by
further order of the court for a | ||||||
2 | minor under age 15 committed to the Department
of | ||||||
3 | Children and Family Services if the court finds that | ||||||
4 | the minor is a danger
to himself or others. The minor | ||||||
5 | shall be given credit on the sentencing order
of | ||||||
6 | detention for time spent in detention under Sections | ||||||
7 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
8 | result of the offense for which the sentencing order | ||||||
9 | was imposed.
The court may grant credit on a sentencing | ||||||
10 | order of detention entered under a
violation of | ||||||
11 | probation or violation of conditional discharge under | ||||||
12 | Section
5-720 of this Article for time spent in | ||||||
13 | detention before the filing of the
petition
alleging | ||||||
14 | the violation. A minor shall not be deprived of credit | ||||||
15 | for time spent
in detention before the filing of a | ||||||
16 | violation of probation or conditional
discharge | ||||||
17 | alleging the same or related act or acts;
| ||||||
18 | (vi) ordered partially or completely emancipated | ||||||
19 | in accordance with the
provisions of the Emancipation | ||||||
20 | of Minors Act;
| ||||||
21 | (vii) subject to having his or her driver's license | ||||||
22 | or driving
privileges
suspended for such time as | ||||||
23 | determined by the court but only until he or she
| ||||||
24 | attains 18 years of age;
| ||||||
25 | (viii) put on probation or conditional discharge | ||||||
26 | and placed in detention
under Section 3-6039 of the |
| |||||||
| |||||||
1 | Counties Code for a period not to exceed the period
of | ||||||
2 | incarceration permitted by law for adults found guilty | ||||||
3 | of the same offense
or offenses for which the minor was | ||||||
4 | adjudicated delinquent, and in any event no
longer than | ||||||
5 | upon attainment of age 21; this subdivision (viii) | ||||||
6 | notwithstanding
any contrary provision of the law; or
| ||||||
7 | (ix) ordered to undergo a medical or other | ||||||
8 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
9 | street gang removed from his or her body.
| ||||||
10 | (b) A minor found to be guilty may be committed to the | ||||||
11 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
12 | minor is 13 years of age or
older,
provided that the | ||||||
13 | commitment to the Department of Juvenile Justice shall be | ||||||
14 | made only if a term of incarceration is permitted by law | ||||||
15 | for
adults found guilty of the offense for which the minor | ||||||
16 | was adjudicated
delinquent. The time during which a minor | ||||||
17 | is in custody before being released
upon the request of a | ||||||
18 | parent, guardian or legal custodian shall be considered
as | ||||||
19 | time spent in detention.
| ||||||
20 | (c) When a minor is found to be guilty for an offense | ||||||
21 | which is a violation
of the Illinois Controlled Substances | ||||||
22 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
23 | Control and Community Protection Act and made
a ward of the | ||||||
24 | court, the court may enter a disposition order requiring | ||||||
25 | the
minor to undergo assessment,
counseling or treatment in | ||||||
26 | a substance abuse program approved by the Department
of |
| |||||||
| |||||||
1 | Human Services.
| ||||||
2 | (2) Any sentencing order other than commitment to the | ||||||
3 | Department of
Juvenile Justice may provide for protective | ||||||
4 | supervision under
Section 5-725 and may include an order of | ||||||
5 | protection under Section 5-730.
| ||||||
6 | (3) Unless the sentencing order expressly so provides, it | ||||||
7 | does not operate
to close proceedings on the pending petition, | ||||||
8 | but is subject to modification
until final closing and | ||||||
9 | discharge of the proceedings under Section 5-750.
| ||||||
10 | (4) In addition to any other sentence, the court may order | ||||||
11 | any
minor
found to be delinquent to make restitution, in | ||||||
12 | monetary or non-monetary form,
under the terms and conditions | ||||||
13 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
14 | that the "presentencing hearing" referred to in that
Section
| ||||||
15 | shall be
the sentencing hearing for purposes of this Section. | ||||||
16 | The parent, guardian or
legal custodian of the minor may be | ||||||
17 | ordered by the court to pay some or all of
the restitution on | ||||||
18 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
19 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
20 | victim in seeking restitution in proceedings under this
| ||||||
21 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
22 | Parental
Responsibility Law.
| ||||||
23 | (5) Any sentencing order where the minor is committed or | ||||||
24 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
25 | parents or guardian of the estate of
the minor to pay to the | ||||||
26 | legal custodian or guardian of the person of the minor
such |
| |||||||
| |||||||
1 | sums as are determined by the custodian or guardian of the | ||||||
2 | person of the
minor as necessary for the minor's needs. The | ||||||
3 | payments may not exceed the
maximum amounts provided for by | ||||||
4 | Section 9.1 of the Children and Family Services
Act.
| ||||||
5 | (6) Whenever the sentencing order requires the minor to | ||||||
6 | attend school or
participate in a program of training, the | ||||||
7 | truant officer or designated school
official shall regularly | ||||||
8 | report to the court if the minor is a chronic or
habitual | ||||||
9 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
10 | any other provision of this Act, in instances in which | ||||||
11 | educational services are to be provided to a minor in a | ||||||
12 | residential program designed to correct alcohol or other drug | ||||||
13 | dependencies, costs incurred in the provision of those services | ||||||
14 | must be allocated based on the requirements of Section | ||||||
15 | 10-20.12a of the School Code.
| ||||||
16 | (7) In no event shall a guilty minor be committed to the | ||||||
17 | Department of
Juvenile Justice for a period of time in
excess | ||||||
18 | of
that period for which an adult could be committed for the | ||||||
19 | same act.
| ||||||
20 | (8) A minor found to be guilty for reasons that include a | ||||||
21 | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||||||
22 | be ordered to perform
community service for not less than 30 | ||||||
23 | and not more than 120 hours, if
community service is available | ||||||
24 | in the jurisdiction. The community service
shall include, but | ||||||
25 | need not be limited to, the cleanup and repair of the damage
| ||||||
26 | that was caused by the violation or similar damage to property |
| |||||||
| |||||||
1 | located in the
municipality or county in which the violation | ||||||
2 | occurred. The order may be in
addition to any other order | ||||||
3 | authorized by this Section.
| ||||||
4 | (8.5) A minor found to be guilty for reasons that include a | ||||||
5 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
6 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
7 | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||||||
8 | medical or psychiatric treatment rendered by
a
psychiatrist or | ||||||
9 | psychological treatment rendered by a clinical psychologist.
| ||||||
10 | The order
may be in addition to any other order authorized by | ||||||
11 | this Section.
| ||||||
12 | (9) In addition to any other sentencing order, the court | ||||||
13 | shall order any
minor found
to be guilty for an act which would | ||||||
14 | constitute, predatory criminal sexual
assault of a child, | ||||||
15 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
16 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
17 | committed by an
adult to undergo medical testing to determine | ||||||
18 | whether the defendant has any
sexually transmissible disease | ||||||
19 | including a test for infection with human
immunodeficiency | ||||||
20 | virus (HIV) or any other identified causative agency of
| ||||||
21 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
22 | shall be performed
only by appropriately licensed medical | ||||||
23 | practitioners and may include an
analysis of any bodily fluids | ||||||
24 | as well as an examination of the minor's person.
Except as | ||||||
25 | otherwise provided by law, the results of the test shall be | ||||||
26 | kept
strictly confidential by all medical personnel involved in |
| |||||||
| |||||||
1 | the testing and must
be personally delivered in a sealed | ||||||
2 | envelope to the judge of the court in which
the sentencing | ||||||
3 | order was entered for the judge's inspection in camera. Acting
| ||||||
4 | in accordance with the best interests of the victim and the | ||||||
5 | public, the judge
shall have the discretion to determine to | ||||||
6 | whom the results of the testing may
be revealed. The court | ||||||
7 | shall notify the minor of the results of the test for
infection | ||||||
8 | with the human immunodeficiency virus (HIV). The court shall | ||||||
9 | also
notify the victim if requested by the victim, and if the | ||||||
10 | victim is under the
age of 15 and if requested by the victim's | ||||||
11 | parents or legal guardian, the court
shall notify the victim's | ||||||
12 | parents or the legal guardian, of the results of the
test for | ||||||
13 | infection with the human immunodeficiency virus (HIV). The | ||||||
14 | court
shall provide information on the availability of HIV | ||||||
15 | testing and counseling at
the Department of Public Health | ||||||
16 | facilities to all parties to whom the
results of the testing | ||||||
17 | are revealed. The court shall order that the cost of
any test | ||||||
18 | shall be paid by the county and may be taxed as costs against | ||||||
19 | the
minor.
| ||||||
20 | (10) When a court finds a minor to be guilty the court | ||||||
21 | shall, before
entering a sentencing order under this Section, | ||||||
22 | make a finding whether the
offense committed either: (a) was | ||||||
23 | related to or in furtherance of the criminal
activities of an | ||||||
24 | organized gang or was motivated by the minor's membership in
or | ||||||
25 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
26 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, |
| |||||||
| |||||||
1 | a violation of
any
Section of Article 24 of the Criminal Code | ||||||
2 | of 1961, or a violation of any
statute that involved the | ||||||
3 | wrongful use of a firearm. If the court determines
the question | ||||||
4 | in the affirmative,
and the court does not commit the minor to | ||||||
5 | the Department of Juvenile Justice, the court shall order the | ||||||
6 | minor to perform community service
for not less than 30 hours | ||||||
7 | nor more than 120 hours, provided that community
service is | ||||||
8 | available in the jurisdiction and is funded and approved by the
| ||||||
9 | county board of the county where the offense was committed. The | ||||||
10 | community
service shall include, but need not be limited to, | ||||||
11 | the cleanup and repair of
any damage caused by a violation of | ||||||
12 | Section 21-1.3 of the Criminal Code of 1961
and similar damage | ||||||
13 | to property located in the municipality or county in which
the | ||||||
14 | violation occurred. When possible and reasonable, the | ||||||
15 | community service
shall be performed in the minor's | ||||||
16 | neighborhood. This order shall be in
addition to any other | ||||||
17 | order authorized by this Section
except for an order to place | ||||||
18 | the minor in the custody of the Department of
Juvenile Justice. | ||||||
19 | For the purposes of this Section, "organized
gang" has the | ||||||
20 | meaning ascribed to it in Section 10 of the Illinois Streetgang
| ||||||
21 | Terrorism Omnibus Prevention Act.
| ||||||
22 | (11) If the court determines that the offense was committed | ||||||
23 | in furtherance of the criminal activities of an organized gang, | ||||||
24 | as provided in subsection (10), and that the offense involved | ||||||
25 | the operation or use of a motor vehicle or the use of a | ||||||
26 | driver's license or permit, the court shall notify the |
| |||||||
| |||||||
1 | Secretary of State of that determination and of the period for | ||||||
2 | which the minor shall be denied driving privileges. If, at the | ||||||
3 | time of the determination, the minor does not hold a driver's | ||||||
4 | license or permit, the court shall provide that the minor shall | ||||||
5 | not be issued a driver's license or permit until his or her | ||||||
6 | 18th birthday. If the minor holds a driver's license or permit | ||||||
7 | at the time of the determination, the court shall provide that | ||||||
8 | the minor's driver's license or permit shall be revoked until | ||||||
9 | his or her 21st birthday, or until a later date or occurrence | ||||||
10 | determined by the court. If the minor holds a driver's license | ||||||
11 | at the time of the determination, the court may direct the | ||||||
12 | Secretary of State to issue the minor a judicial driving | ||||||
13 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
14 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
15 | Illinois Vehicle Code, except that the court may direct that | ||||||
16 | the JDP be effective immediately.
| ||||||
17 | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06; | ||||||
18 | 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; revised 11-19-07.)
| ||||||
19 | Section 95. No acceleration or delay. Where this Act makes | ||||||
20 | changes in a statute that is represented in this Act by text | ||||||
21 | that is not yet or no longer in effect (for example, a Section | ||||||
22 | represented by multiple versions), the use of that text does | ||||||
23 | not accelerate or delay the taking effect of (i) the changes | ||||||
24 | made by this Act or (ii) provisions derived from any other | ||||||
25 | Public Act.
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|