HB6291 EngrossedLRB099 19347 SLF 43739 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-710 and 5-715 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
9respect 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

 

 

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1        assessment conducted by a licensed provider and
2        participate in the indicated clinical level of care;
3            (iv) on and after the effective date of this
4        amendatory Act of the 98th General Assembly and before
5        January 1, 2017, placed in the guardianship of the
6        Department of Children and Family Services, but only if
7        the delinquent minor is under 16 years of age or,
8        pursuant to Article II of this Act, a minor for whom an
9        independent basis of abuse, neglect, or dependency
10        exists. On and after January 1, 2017, placed in the
11        guardianship of the Department of Children and Family
12        Services, but only if the delinquent minor is under 15
13        years of age or, pursuant to Article II of this Act, a
14        minor for whom an independent basis of abuse, neglect,
15        or dependency exists. An independent basis exists when
16        the 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

 

 

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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. The
18        limitation that the minor shall only be placed in a
19        juvenile detention home does not apply as follows:
20            Persons 18 years of age and older who have a
21        petition of delinquency filed against them may be
22        confined in an adult detention facility. In making a
23        determination whether to confine a person 18 years of
24        age or older who has a petition of delinquency filed
25        against the person, these factors, among other
26        matters, shall be considered:

 

 

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1                (A) the age of the person;
2                (B) any previous delinquent or criminal
3            history of the person;
4                (C) any previous abuse or neglect history of
5            the person;
6                (D) any mental health history of the person;
7            and
8                (E) any educational history of the person;
9            (vi) ordered partially or completely emancipated
10        in accordance with the provisions of the Emancipation
11        of Minors Act;
12            (vii) subject to having his or her driver's license
13        or driving privileges suspended for such time as
14        determined by the court but only until he or she
15        attains 18 years of age;
16            (viii) put on probation or conditional discharge
17        and placed in detention under Section 3-6039 of the
18        Counties Code for a period not to exceed the period of
19        incarceration permitted by law for adults found guilty
20        of the same offense or offenses for which the minor was
21        adjudicated delinquent, and in any event no longer than
22        upon attainment of age 21; this subdivision (viii)
23        notwithstanding any contrary provision of the law;
24            (ix) ordered to undergo a medical or other
25        procedure to have a tattoo symbolizing allegiance to a
26        street gang removed from his or her body; or

 

 

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1            (x) placed in electronic home detention under Part
2        7A of this Article.
3        (b) A minor found to be guilty may be committed to the
4    Department of Juvenile Justice under Section 5-750 if the
5    minor is at least 13 years and under 20 years of age,
6    provided that the commitment to the Department of Juvenile
7    Justice shall be made only if a term of imprisonment in the
8    penitentiary system of the Department of Corrections is
9    permitted by law for adults found guilty of the offense for
10    which the minor was adjudicated delinquent. The court shall
11    include in the sentencing order any pre-custody credits the
12    minor is entitled to under Section 5-4.5-100 of the Unified
13    Code of Corrections. The time during which a minor is in
14    custody before being released upon the request of a parent,
15    guardian or legal custodian shall also be considered as
16    time spent in custody.
17        (c) When a minor is found to be guilty for an offense
18    which is a violation of the Illinois Controlled Substances
19    Act, the Cannabis Control Act, or the Methamphetamine
20    Control and Community Protection Act and made a ward of the
21    court, the court may enter a disposition order requiring
22    the minor to undergo assessment, counseling or treatment in
23    a substance abuse program approved by the Department of
24    Human Services.
25    (2) Any sentencing order other than commitment to the
26Department of Juvenile Justice may provide for protective

 

 

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1supervision under Section 5-725 and may include an order of
2protection under Section 5-730.
3    (3) Unless the sentencing order expressly so provides, it
4does not operate to close proceedings on the pending petition,
5but is subject to modification until final closing and
6discharge of the proceedings under Section 5-750.
7    (4) In addition to any other sentence, the court may order
8any minor found to be delinquent to make restitution, in
9monetary or non-monetary form, under the terms and conditions
10of Section 5-5-6 of the Unified Code of Corrections, except
11that the "presentencing hearing" referred to in that Section
12shall be the sentencing hearing for purposes of this Section.
13The parent, guardian or legal custodian of the minor may be
14ordered by the court to pay some or all of the restitution on
15the minor's behalf, pursuant to the Parental Responsibility
16Law. The State's Attorney is authorized to act on behalf of any
17victim in seeking restitution in proceedings under this
18Section, up to the maximum amount allowed in Section 5 of the
19Parental Responsibility Law.
20    (5) Any sentencing order where the minor is committed or
21placed in accordance with Section 5-740 shall provide for the
22parents or guardian of the estate of the minor to pay to the
23legal custodian or guardian of the person of the minor such
24sums as are determined by the custodian or guardian of the
25person of the minor as necessary for the minor's needs. The
26payments may not exceed the maximum amounts provided for by

 

 

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1Section 9.1 of the Children and Family Services Act.
2    (6) Whenever the sentencing order requires the minor to
3attend school or participate in a program of training, the
4truant officer or designated school official shall regularly
5report to the court if the minor is a chronic or habitual
6truant under Section 26-2a of the School Code. Notwithstanding
7any other provision of this Act, in instances in which
8educational services are to be provided to a minor in a
9residential facility where the minor has been placed by the
10court, costs incurred in the provision of those educational
11services must be allocated based on the requirements of the
12School Code.
13    (7) In no event shall a guilty minor be committed to the
14Department of Juvenile Justice for a period of time in excess
15of that period for which an adult could be committed for the
16same act. The court shall include in the sentencing order a
17limitation on the period of confinement not to exceed the
18maximum period of imprisonment the court could impose under
19Article V of the Unified Code of Corrections.
20    (7.5) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice or placed in detention when the
22act for which the minor was adjudicated delinquent would not be
23illegal if committed by an adult.
24    (7.75) In no event shall a guilty minor be committed to the
25Department of Juvenile Justice for an offense that is a Class 3
26or Class 4 felony violation of the Illinois Controlled

 

 

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1Substances Act unless the commitment occurs upon a third or
2subsequent judicial finding of a violation of probation for
3substantial noncompliance with court ordered treatment or
4programming.
5    (8) A minor found to be guilty for reasons that include a
6violation of Section 21-1.3 of the Criminal Code of 1961 or the
7Criminal Code of 2012 shall be ordered to perform community
8service for not less than 30 and not more than 120 hours, if
9community service is available in the jurisdiction. The
10community service shall include, but need not be limited to,
11the cleanup and repair of the damage that was caused by the
12violation or similar damage to property located in the
13municipality or county in which the violation occurred. The
14order may be in addition to any other order authorized by this
15Section.
16    (8.5) A minor found to be guilty for reasons that include a
17violation of Section 3.02 or Section 3.03 of the Humane Care
18for Animals Act or paragraph (d) of subsection (1) of Section
1921-1 of the Criminal Code of 1961 or paragraph (4) of
20subsection (a) of Section 21-1 of the Criminal Code of 2012
21shall be ordered to undergo medical or psychiatric treatment
22rendered by a psychiatrist or psychological treatment rendered
23by a clinical psychologist. The order may be in addition to any
24other order authorized by this Section.
25    (9) In addition to any other sentencing order, the court
26shall order any minor found to be guilty for an act which would

 

 

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1constitute, predatory criminal sexual assault of a child,
2aggravated criminal sexual assault, criminal sexual assault,
3aggravated criminal sexual abuse, or criminal sexual abuse if
4committed by an adult to undergo medical testing to determine
5whether the defendant has any sexually transmissible disease
6including a test for infection with human immunodeficiency
7virus (HIV) or any other identified causative agency of
8acquired immunodeficiency syndrome (AIDS). Any medical test
9shall be performed only by appropriately licensed medical
10practitioners and may include an analysis of any bodily fluids
11as well as an examination of the minor's person. Except as
12otherwise provided by law, the results of the test shall be
13kept strictly confidential by all medical personnel involved in
14the testing and must be personally delivered in a sealed
15envelope to the judge of the court in which the sentencing
16order was entered for the judge's inspection in camera. Acting
17in accordance with the best interests of the victim and the
18public, the judge shall have the discretion to determine to
19whom the results of the testing may be revealed. The court
20shall notify the minor of the results of the test for infection
21with the human immunodeficiency virus (HIV). The court shall
22also notify the victim if requested by the victim, and if the
23victim is under the age of 15 and if requested by the victim's
24parents or legal guardian, the court shall notify the victim's
25parents or the legal guardian, of the results of the test for
26infection with the human immunodeficiency virus (HIV). The

 

 

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1court shall provide information on the availability of HIV
2testing and counseling at the Department of Public Health
3facilities to all parties to whom the results of the testing
4are revealed. The court shall order that the cost of any test
5shall be paid by the county and may be taxed as costs against
6the minor.
7    (10) When a court finds a minor to be guilty the court
8shall, before entering a sentencing order under this Section,
9make a finding whether the offense committed either: (a) was
10related to or in furtherance of the criminal activities of an
11organized gang or was motivated by the minor's membership in or
12allegiance to an organized gang, or (b) involved a violation of
13subsection (a) of Section 12-7.1 of the Criminal Code of 1961
14or the Criminal Code of 2012, a violation of any Section of
15Article 24 of the Criminal Code of 1961 or the Criminal Code of
162012, or a violation of any statute that involved the wrongful
17use of a firearm. If the court determines the question in the
18affirmative, and the court does not commit the minor to the
19Department of Juvenile Justice, the court shall order the minor
20to perform community service for not less than 30 hours nor
21more than 120 hours, provided that community service is
22available in the jurisdiction and is funded and approved by the
23county board of the county where the offense was committed. The
24community service shall include, but need not be limited to,
25the cleanup and repair of any damage caused by a violation of
26Section 21-1.3 of the Criminal Code of 1961 or the Criminal

 

 

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1Code of 2012 and similar damage to property located in the
2municipality or county in which the violation occurred. When
3possible and reasonable, the community service shall be
4performed in the minor's neighborhood. This order shall be in
5addition to any other order authorized by this Section except
6for an order to place the minor in the custody of the
7Department of Juvenile Justice. For the purposes of this
8Section, "organized gang" has the meaning ascribed to it in
9Section 10 of the Illinois Streetgang Terrorism Omnibus
10Prevention Act.
11    (11) If the court determines that the offense was committed
12in furtherance of the criminal activities of an organized gang,
13as provided in subsection (10), and that the offense involved
14the operation or use of a motor vehicle or the use of a
15driver's license or permit, the court shall notify the
16Secretary of State of that determination and of the period for
17which the minor shall be denied driving privileges. If, at the
18time of the determination, the minor does not hold a driver's
19license or permit, the court shall provide that the minor shall
20not be issued a driver's license or permit until his or her
2118th birthday. If the minor holds a driver's license or permit
22at the time of the determination, the court shall provide that
23the minor's driver's license or permit shall be revoked until
24his or her 21st birthday, or until a later date or occurrence
25determined by the court. If the minor holds a driver's license
26at the time of the determination, the court may direct the

 

 

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1Secretary of State to issue the minor a judicial driving
2permit, also known as a JDP. The JDP shall be subject to the
3same terms as a JDP issued under Section 6-206.1 of the
4Illinois Vehicle Code, except that the court may direct that
5the JDP be effective immediately.
6    (12) If a minor is found to be guilty of a violation of
7subsection (a-7) of Section 1 of the Prevention of Tobacco Use
8by Minors Act, the court may, in its discretion, and upon
9recommendation by the State's Attorney, order that minor and
10his or her parents or legal guardian to attend a smoker's
11education or youth diversion program as defined in that Act if
12that program is available in the jurisdiction where the
13offender resides. Attendance at a smoker's education or youth
14diversion program shall be time-credited against any community
15service time imposed for any first violation of subsection
16(a-7) of Section 1 of that Act. In addition to any other
17penalty that the court may impose for a violation of subsection
18(a-7) of Section 1 of that Act, the court, upon request by the
19State's Attorney, may in its discretion require the offender to
20remit a fee for his or her attendance at a smoker's education
21or youth diversion program.
22    For purposes of this Section, "smoker's education program"
23or "youth diversion program" includes, but is not limited to, a
24seminar designed to educate a person on the physical and
25psychological effects of smoking tobacco products and the
26health consequences of smoking tobacco products that can be

 

 

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1conducted with a locality's youth diversion program.
2    In addition to any other penalty that the court may impose
3under this subsection (12):
4        (a) If a minor violates subsection (a-7) of Section 1
5    of the Prevention of Tobacco Use by Minors Act, the court
6    may impose a sentence of 15 hours of community service or a
7    fine of $25 for a first violation.
8        (b) A second violation by a minor of subsection (a-7)
9    of Section 1 of that Act that occurs within 12 months after
10    the first violation is punishable by a fine of $50 and 25
11    hours of community service.
12        (c) A third or subsequent violation by a minor of
13    subsection (a-7) of Section 1 of that Act that occurs
14    within 12 months after the first violation is punishable by
15    a $100 fine and 30 hours of community service.
16        (d) Any second or subsequent violation not within the
17    12-month time period after the first violation is
18    punishable as provided for a first violation.
19(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
2099-268, eff. 1-1-16.)
 
21    (705 ILCS 405/5-715)
22    Sec. 5-715. Probation.
23    (1) The period of probation or conditional discharge shall
24not exceed 5 years or until the minor has attained the age of
2521 years, whichever is less, except as provided in this Section

 

 

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1for a minor who is found to be guilty for an offense which is
2first degree murder, a Class X felony or a forcible felony. The
3juvenile court may terminate probation or conditional
4discharge and discharge the minor at any time if warranted by
5the conduct of the minor and the ends of justice; provided,
6however, that the period of probation for a minor who is found
7to be guilty for an offense which is first degree murder, a
8Class X felony, or a forcible felony shall be at least 5 years.
9    (1.5) The period of probation for a minor who is found
10guilty of aggravated criminal sexual assault, criminal sexual
11assault, or aggravated battery with a firearm shall be at least
1236 months. The period of probation for a minor who is found to
13be guilty of any other Class X felony shall be at least 24
14months. The period of probation for a Class 1 or Class 2
15forcible felony shall be at least 18 months. Regardless of the
16length of probation ordered by the court, for all offenses
17under this paragraph (1.5), the court shall schedule hearings
18to determine whether it is in the best interest of the minor
19and public safety to terminate probation after the minimum
20period of probation has been served. In such a hearing, there
21shall be a rebuttable presumption that it is in the best
22interest of the minor and public safety to terminate probation.
23    (2) The court may as a condition of probation or of
24conditional discharge require that the minor:
25        (a) not violate any criminal statute of any
26    jurisdiction;

 

 

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1        (b) make a report to and appear in person before any
2    person or agency as directed by the court;
3        (c) work or pursue a course of study or vocational
4    training;
5        (d) undergo medical or psychiatric treatment, rendered
6    by a psychiatrist or psychological treatment rendered by a
7    clinical psychologist or social work services rendered by a
8    clinical social worker, or treatment for drug addiction or
9    alcoholism;
10        (e) attend or reside in a facility established for the
11    instruction or residence of persons on probation;
12        (f) support his or her dependents, if any;
13        (g) refrain from possessing a firearm or other
14    dangerous weapon, or an automobile;
15        (h) permit the probation officer to visit him or her at
16    his or her home or elsewhere;
17        (i) reside with his or her parents or in a foster home;
18        (j) attend school;
19        (j-5) with the consent of the superintendent of the
20    facility, attend an educational program at a facility other
21    than the school in which the offense was committed if he or
22    she committed a crime of violence as defined in Section 2
23    of the Crime Victims Compensation Act in a school, on the
24    real property comprising a school, or within 1,000 feet of
25    the real property comprising a school;
26        (k) attend a non-residential program for youth;

 

 

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1        (l) make restitution under the terms of subsection (4)
2    of Section 5-710;
3        (m) contribute to his or her own support at home or in
4    a foster home;
5        (n) perform some reasonable public or community
6    service;
7        (o) participate with community corrections programs
8    including unified delinquency intervention services
9    administered by the Department of Human Services subject to
10    Section 5 of the Children and Family Services Act;
11        (p) pay costs;
12        (q) serve a term of home confinement. In addition to
13    any other applicable condition of probation or conditional
14    discharge, the conditions of home confinement shall be that
15    the minor:
16            (i) remain within the interior premises of the
17        place designated for his or her confinement during the
18        hours designated by the court;
19            (ii) admit any person or agent designated by the
20        court into the minor's place of confinement at any time
21        for purposes of verifying the minor's compliance with
22        the conditions of his or her confinement; and
23            (iii) use an approved electronic monitoring device
24        if ordered by the court subject to Article 8A of
25        Chapter V of the Unified Code of Corrections;
26        (r) refrain from entering into a designated geographic

 

 

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1    area except upon terms as the court finds appropriate. The
2    terms may include consideration of the purpose of the
3    entry, the time of day, other persons accompanying the
4    minor, and advance approval by a probation officer, if the
5    minor has been placed on probation, or advance approval by
6    the court, if the minor has been placed on conditional
7    discharge;
8        (s) refrain from having any contact, directly or
9    indirectly, with certain specified persons or particular
10    types of persons, including but not limited to members of
11    street gangs and drug users or dealers;
12        (s-5) undergo a medical or other procedure to have a
13    tattoo symbolizing allegiance to a street gang removed from
14    his or her body;
15        (t) refrain from having in his or her body the presence
16    of any illicit drug prohibited by the Cannabis Control Act,
17    the Illinois Controlled Substances Act, or the
18    Methamphetamine Control and Community Protection Act,
19    unless prescribed by a physician, and shall submit samples
20    of his or her blood or urine or both for tests to determine
21    the presence of any illicit drug; or
22        (u) comply with other conditions as may be ordered by
23    the court.
24    (3) The court may as a condition of probation or of
25conditional discharge require that a minor found guilty on any
26alcohol, cannabis, methamphetamine, or controlled substance

 

 

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1violation, refrain from acquiring a driver's license during the
2period of probation or conditional discharge. If the minor is
3in possession of a permit or license, the court may require
4that the minor refrain from driving or operating any motor
5vehicle during the period of probation or conditional
6discharge, except as may be necessary in the course of the
7minor's lawful employment.
8    (3.5) The court shall, as a condition of probation or of
9conditional discharge, require that a minor found to be guilty
10and placed on probation for reasons that include a violation of
11Section 3.02 or Section 3.03 of the Humane Care for Animals Act
12or paragraph (4) of subsection (a) of Section 21-1 of the
13Criminal Code of 2012 undergo medical or psychiatric treatment
14rendered by a psychiatrist or psychological treatment rendered
15by a clinical psychologist. The condition may be in addition to
16any other condition.
17    (3.10) The court shall order that a minor placed on
18probation or conditional discharge for a sex offense as defined
19in the Sex Offender Management Board Act undergo and
20successfully complete sex offender treatment. The treatment
21shall be in conformance with the standards developed under the
22Sex Offender Management Board Act and conducted by a treatment
23provider approved by the Board. The treatment shall be at the
24expense of the person evaluated based upon that person's
25ability to pay for the treatment.
26    (4) A minor on probation or conditional discharge shall be

 

 

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1given a certificate setting forth the conditions upon which he
2or she is being released.
3    (5) The court shall impose upon a minor placed on probation
4or conditional discharge, as a condition of the probation or
5conditional discharge, a fee of $50 for each month of probation
6or conditional discharge supervision ordered by the court,
7unless after determining the inability of the minor placed on
8probation or conditional discharge to pay the fee, the court
9assesses a lesser amount. The court may not impose the fee on a
10minor who is made a ward of the State under this Act while the
11minor is in placement. The fee shall be imposed only upon a
12minor who is actively supervised by the probation and court
13services department. The court may order the parent, guardian,
14or legal custodian of the minor to pay some or all of the fee on
15the minor's behalf.
16    (5.5) Jurisdiction over an offender may be transferred from
17the sentencing court to the court of another circuit with the
18concurrence of both courts. Further transfers or retransfers of
19jurisdiction are also authorized in the same manner. The court
20to which jurisdiction has been transferred shall have the same
21powers as the sentencing court. The probation department within
22the circuit to which jurisdiction has been transferred, or
23which has agreed to provide supervision, may impose probation
24fees upon receiving the transferred offender, as provided in
25subsection (i) of Section 5-6-3 of the Unified Code of
26Corrections. For all transfer cases, as defined in Section 9b

 

 

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1of the Probation and Probation Officers Act, the probation
2department from the original sentencing court shall retain all
3probation fees collected prior to the transfer. After the
4transfer, all probation fees shall be paid to the probation
5department within the circuit to which jurisdiction has been
6transferred.
7    If the transfer case originated in another state and has
8been transferred under the Interstate Compact for Juveniles to
9the jurisdiction of an Illinois circuit court for supervision
10by an Illinois probation department, probation fees may be
11imposed only if permitted by the Interstate Commission for
12Juveniles.
13    (6) The General Assembly finds that in order to protect the
14public, the juvenile justice system must compel compliance with
15the conditions of probation by responding to violations with
16swift, certain, and fair punishments and intermediate
17sanctions. The Chief Judge of each circuit shall adopt a system
18of structured, intermediate sanctions for violations of the
19terms and conditions of a sentence of supervision, probation or
20conditional discharge, under this Act.
21    The court shall provide as a condition of a disposition of
22probation, conditional discharge, or supervision, that the
23probation agency may invoke any sanction from the list of
24intermediate sanctions adopted by the chief judge of the
25circuit court for violations of the terms and conditions of the
26sentence of probation, conditional discharge, or supervision,

 

 

HB6291 Engrossed- 21 -LRB099 19347 SLF 43739 b

1subject to the provisions of Section 5-720 of this Act.
2(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
398-575, eff. 1-1-14.)
 
4    Section 99. Effective date. This Act take shall take effect
5on January 1, 2017.