Illinois General Assembly - Full Text of HB4671
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Full Text of HB4671  102nd General Assembly




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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 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
9in respect of wards of the court:
10        (a) Except as provided in Sections 5-805, 5-810, and
11    5-815, a minor who is found guilty under Section 5-620 may
12    be:
13            (i) put on probation or conditional discharge and
14        released to his or her parents, guardian or legal
15        custodian, provided, however, that any such minor who
16        is not committed to the Department of Juvenile Justice
17        under this subsection and who is found to be a
18        delinquent for an offense which is first degree
19        murder, a Class X felony, or a forcible felony shall be
20        placed on probation;
21            (ii) placed in accordance with Section 5-740, with
22        or without also being put on probation or conditional
23        discharge;



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1            (iii) required to undergo a substance abuse
2        assessment conducted by a licensed provider and
3        participate in the indicated clinical level of care;
4            (iv) on and after January 1, 2015 (the effective
5        date of Public Act 98-803) and before January 1, 2017,
6        placed in the guardianship of the Department of
7        Children and Family Services, but only if the
8        delinquent minor is under 16 years of age or, pursuant
9        to Article II of this Act, a minor under the age of 18
10        for whom an independent basis of abuse, neglect, or
11        dependency exists. On and after January 1, 2017,
12        placed in the guardianship of the Department of
13        Children and Family Services, but only if the
14        delinquent minor is under 15 years of age or, pursuant
15        to Article II of this Act, a minor for whom an
16        independent basis of abuse, neglect, or dependency
17        exists. An independent basis exists when the
18        allegations or adjudication of abuse, neglect, or
19        dependency do not arise from the same facts, incident,
20        or circumstances which give rise to a charge or
21        adjudication of delinquency;
22            (v) placed in detention for a period not to exceed
23        30 days, either as the exclusive order of disposition
24        or, where appropriate, in conjunction with any other
25        order of disposition issued under this paragraph,
26        provided that any such detention shall be in a



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1        juvenile detention home and the minor so detained
2        shall be 10 years of age or older. However, the 30-day
3        limitation may be extended by further order of the
4        court for a minor under age 15 committed to the
5        Department of Children and Family Services if the
6        court finds that the minor is a danger to himself or
7        others. The minor shall be given credit on the
8        sentencing order of detention for time spent in
9        detention under Sections 5-501, 5-601, 5-710, or 5-720
10        of this Article as a result of the offense for which
11        the sentencing order was imposed. The court may grant
12        credit on a sentencing order of detention entered
13        under a violation of probation or violation of
14        conditional discharge under Section 5-720 of this
15        Article for time spent in detention before the filing
16        of the petition alleging the violation. A minor shall
17        not be deprived of credit for time spent in detention
18        before the filing of a violation of probation or
19        conditional discharge alleging the same or related act
20        or acts. The limitation that the minor shall only be
21        placed in a juvenile detention home does not apply as
22        follows:
23            Persons 18 years of age and older who have a
24        petition of delinquency filed against them may be
25        confined in an adult detention facility. In making a
26        determination whether to confine a person 18 years of



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



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1        law;
2            (ix) ordered to undergo a medical or other
3        procedure to have a tattoo symbolizing allegiance to a
4        street gang removed from his or her body; or
5            (x) placed in electronic monitoring or home
6        detention under Part 7A of this Article.
7        (b) A minor found to be guilty may be committed to the
8    Department of Juvenile Justice under Section 5-750 if the
9    minor is at least 13 years and under 20 years of age,
10    provided that the commitment to the Department of Juvenile
11    Justice shall be made only if the minor was found guilty of
12    a felony offense or first degree murder. The court shall
13    include in the sentencing order any pre-custody credits
14    the minor is entitled to under Section 5-4.5-100 of the
15    Unified Code of Corrections. The time during which a minor
16    is in custody before being released upon the request of a
17    parent, guardian or legal custodian shall also be
18    considered as time spent in custody.
19        (c) When a minor is found to be guilty for an offense
20    which is a violation of the Illinois Controlled Substances
21    Act, the Cannabis Control Act, or the Methamphetamine
22    Control and Community Protection Act and made a ward of
23    the court, the court may enter a disposition order
24    requiring the minor to undergo assessment, counseling or
25    treatment in a substance use disorder treatment program
26    approved by the Department of Human Services.



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



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1person of the minor as necessary for the minor's needs. The
2payments may not exceed the maximum amounts provided for by
3Section 9.1 of the Children and Family Services Act.
4    (6) Whenever the sentencing order requires the minor to
5attend school or participate in a program of training, the
6truant officer or designated school official shall regularly
7report to the court if the minor is a chronic or habitual
8truant under Section 26-2a of the School Code. Notwithstanding
9any other provision of this Act, in instances in which
10educational services are to be provided to a minor in a
11residential facility where the minor has been placed by the
12court, costs incurred in the provision of those educational
13services must be allocated based on the requirements of the
14School Code.
15    (7) In no event shall a guilty minor be committed to the
16Department of Juvenile Justice for a period of time in excess
17of that period for which an adult could be committed for the
18same act. The court shall include in the sentencing order a
19limitation on the period of confinement not to exceed the
20maximum period of imprisonment the court could impose under
21Chapter V of the Unified Code of Corrections.
22    (7.5) In no event shall a guilty minor be committed to the
23Department of Juvenile Justice or placed in detention when the
24act for which the minor was adjudicated delinquent would not
25be illegal if committed by an adult.
26    (7.6) In no event shall a guilty minor be committed to the



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1Department of Juvenile Justice for an offense which is a Class
24 felony under Section 19-4 (criminal trespass to a
3residence), 21-1 (criminal damage to property), 21-1.01
4(criminal damage to government supported property), 21-1.3
5(criminal defacement of property), 26-1 (disorderly conduct),
6or 31-4 (obstructing justice) of the Criminal Code of 2012.
7    (7.75) In no event shall a guilty minor be committed to the
8Department of Juvenile Justice for an offense that is a Class 3
9or Class 4 felony violation of the Illinois Controlled
10Substances Act unless the commitment occurs upon a third or
11subsequent judicial finding of a violation of probation for
12substantial noncompliance with court-ordered treatment or
14    (8) A minor found to be guilty for reasons that include a
15violation of Section 21-1.3 of the Criminal Code of 1961 or the
16Criminal Code of 2012 shall be ordered to perform community
17service for not less than 30 and not more than 120 hours, if
18community service is available in the jurisdiction. The
19community service shall include, but need not be limited to,
20the cleanup and repair of the damage that was caused by the
21violation or similar damage to property located in the
22municipality or county in which the violation occurred. The
23order may be in addition to any other order authorized by this
25    (8.5) A minor found to be guilty for reasons that include a
26violation of Section 3.02 or Section 3.03 of the Humane Care



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1for Animals Act or paragraph (d) of subsection (1) of Section
221-1 of the Criminal Code of 1961 or paragraph (4) of
3subsection (a) of Section 21-1 of the Criminal Code of 2012
4shall be ordered to undergo medical or psychiatric treatment
5rendered by a psychiatrist or psychological treatment rendered
6by a clinical psychologist. The order may be in addition to any
7other order authorized by this Section.
8    (9) In addition to any other sentencing order, the court
9shall order any minor found to be guilty for an act which would
10constitute, predatory criminal sexual assault of a child,
11aggravated criminal sexual assault, criminal sexual assault,
12aggravated criminal sexual abuse, or criminal sexual abuse if
13committed by an adult to undergo medical testing to determine
14whether the defendant has any sexually transmissible disease
15including a test for infection with human immunodeficiency
16virus (HIV) or any other identified causative agency of
17acquired immunodeficiency syndrome (AIDS). Any medical test
18shall be performed only by appropriately licensed medical
19practitioners and may include an analysis of any bodily fluids
20as well as an examination of the minor's person. Except as
21otherwise provided by law, the results of the test shall be
22kept strictly confidential by all medical personnel involved
23in the testing and must be personally delivered in a sealed
24envelope to the judge of the court in which the sentencing
25order was entered for the judge's inspection in camera. Acting
26in accordance with the best interests of the victim and the



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1public, the judge shall have the discretion to determine to
2whom the results of the testing may be revealed. The court
3shall notify the minor of the results of the test for infection
4with the human immunodeficiency virus (HIV). The court shall
5also notify the victim if requested by the victim, and if the
6victim is under the age of 15 and if requested by the victim's
7parents or legal guardian, the court shall notify the victim's
8parents or the legal guardian, of the results of the test for
9infection with the human immunodeficiency virus (HIV). The
10court shall provide information on the availability of HIV
11testing and counseling at the Department of Public Health
12facilities to all parties to whom the results of the testing
13are revealed. The court shall order that the cost of any test
14shall be paid by the county and may be taxed as costs against
15the minor.
16    (10) When a court finds a minor to be guilty the court
17shall, before entering a sentencing order under this Section,
18make a finding whether the offense committed either: (a) was
19related to or in furtherance of the criminal activities of an
20organized gang or was motivated by the minor's membership in
21or allegiance to an organized gang, or (b) involved a
22violation of subsection (a) of Section 12-7.1 of the Criminal
23Code of 1961 or the Criminal Code of 2012, a violation of any
24Section of Article 24 of the Criminal Code of 1961 or the
25Criminal Code of 2012, or a violation of any statute that
26involved the wrongful use of a firearm. If the court



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1determines the question in the affirmative, and the court does
2not commit the minor to the Department of Juvenile Justice,
3the court shall order the minor to perform community service
4for not less than 30 hours nor more than 120 hours, provided
5that community service is available in the jurisdiction and is
6funded and approved by the county board of the county where the
7offense was committed. The community service shall include,
8but need not be limited to, the cleanup and repair of any
9damage caused by a violation of Section 21-1.3 of the Criminal
10Code of 1961 or the Criminal Code of 2012 and similar damage to
11property located in the municipality or county in which the
12violation occurred. When possible and reasonable, the
13community service shall be performed in the minor's
14neighborhood. This order shall be in addition to any other
15order authorized by this Section except for an order to place
16the minor in the custody of the Department of Juvenile
17Justice. For the purposes of this Section, "organized gang"
18has the meaning ascribed to it in Section 10 of the Illinois
19Streetgang Terrorism Omnibus Prevention Act.
20    (11) If the court determines that the offense was
21committed in furtherance of the criminal activities of an
22organized gang, as provided in subsection (10), and that the
23offense involved the operation or use of a motor vehicle or the
24use of a driver's license or permit, the court shall notify the
25Secretary of State of that determination and of the period for
26which the minor shall be denied driving privileges. If, at the



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1time of the determination, the minor does not hold a driver's
2license or permit, the court shall provide that the minor
3shall not be issued a driver's license or permit until his or
4her 18th birthday. If the minor holds a driver's license or
5permit at the time of the determination, the court shall
6provide that the minor's driver's license or permit shall be
7revoked until his or her 21st birthday, or until a later date
8or occurrence determined by the court. If the minor holds a
9driver's license at the time of the determination, the court
10may direct the Secretary of State to issue the minor a judicial
11driving permit, also known as a JDP. The JDP shall be subject
12to the same terms as a JDP issued under Section 6-206.1 of the
13Illinois Vehicle Code, except that the court may direct that
14the JDP be effective immediately.
15    (12) (Blank).
16(Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
17101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.