Illinois General Assembly - Full Text of HB1488
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Full Text of HB1488  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/6/2015, by Rep. La Shawn K. Ford


705 ILCS 405/5-715

    Amends the Juvenile Court Act of 1987. Deletes provision that the period of probation for a minor who is found to be guilty for an offense which is a forcible felony, other than first degree murder or a Class X felony, shall be at least 5 years.

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HB1488LRB099 05740 RLC 25784 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 Section 5-715 as follows:
6    (705 ILCS 405/5-715)
7    Sec. 5-715. Probation.
8    (1) The period of probation or conditional discharge shall
9not exceed 5 years or until the minor has attained the age of
1021 years, whichever is less, except as provided in this Section
11for a minor who is found to be guilty for an offense which is
12first degree murder or , a Class X felony or a forcible felony.
13The juvenile court may terminate probation or conditional
14discharge and discharge the minor at any time if warranted by
15the conduct of the minor and the ends of justice; provided,
16however, that the period of probation for a minor who is found
17to be guilty for an offense which is first degree murder or , a
18Class X felony, or a forcible felony shall be at least 5 years.
19    (2) The court may as a condition of probation or of
20conditional discharge require that the minor:
21        (a) not violate any criminal statute of any
22    jurisdiction;
23        (b) make a report to and appear in person before any



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



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



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



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



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



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1department from the original sentencing court shall retain all
2probation fees collected prior to the transfer. After the
3transfer, all probation fees shall be paid to the probation
4department within the circuit to which jurisdiction has been
6    If the transfer case originated in another state and has
7been transferred under the Interstate Compact for Juveniles to
8the jurisdiction of an Illinois circuit court for supervision
9by an Illinois probation department, probation fees may be
10imposed only if permitted by the Interstate Commission for
12    (6) The General Assembly finds that in order to protect the
13public, the juvenile justice system must compel compliance with
14the conditions of probation by responding to violations with
15swift, certain, and fair punishments and intermediate
16sanctions. The Chief Judge of each circuit shall adopt a system
17of structured, intermediate sanctions for violations of the
18terms and conditions of a sentence of supervision, probation or
19conditional discharge, under this Act.
20    The court shall provide as a condition of a disposition of
21probation, conditional discharge, or supervision, that the
22probation agency may invoke any sanction from the list of
23intermediate sanctions adopted by the chief judge of the
24circuit court for violations of the terms and conditions of the
25sentence of probation, conditional discharge, or supervision,
26subject to the provisions of Section 5-720 of this Act.



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1(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
298-575, eff. 1-1-14.)