Full Text of HB3172 98th General Assembly
HB3172eng 98TH GENERAL ASSEMBLY |
| | HB3172 Engrossed | | LRB098 08458 RLC 38565 b |
|
| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-615 as follows:
| 6 | | (705 ILCS 405/5-615)
| 7 | | Sec. 5-615. Continuance under supervision.
| 8 | | (1) The court may enter an order of continuance under | 9 | | supervision for an
offense other than first degree murder, a | 10 | | Class X felony or a forcible felony
(a) upon an admission or | 11 | | stipulation by the appropriate respondent or minor
respondent | 12 | | of the facts supporting the
petition and before proceeding to | 13 | | adjudication, or after hearing the evidence
at the trial, and | 14 | | (b) in the absence of objection made in open court by the
| 15 | | minor, his or her parent, guardian, or legal custodian or , the | 16 | | minor's attorney or
the
State's Attorney .
| 17 | | (2) If the minor, his or her parent, guardian, or legal | 18 | | custodian or , the
minor's
attorney or State's Attorney objects | 19 | | in open court to any continuance and
insists upon proceeding to | 20 | | findings and adjudication, the court shall so
proceed.
| 21 | | (3) Nothing in this Section limits the power of the court | 22 | | to order a
continuance of the hearing for the production of | 23 | | additional evidence or for any
other proper reason.
|
| | | HB3172 Engrossed | - 2 - | LRB098 08458 RLC 38565 b |
|
| 1 | | (4) When a hearing where a minor is alleged to be a | 2 | | delinquent is
continued
pursuant to this Section, the period of | 3 | | continuance under supervision may not
exceed 24 months. The | 4 | | court may terminate a continuance under supervision at
any time | 5 | | if warranted by the conduct of the minor and the ends of | 6 | | justice.
| 7 | | (5) When a hearing where a minor is alleged to be | 8 | | delinquent is continued
pursuant to this Section, the court | 9 | | may, as conditions of the continuance under
supervision, | 10 | | require the minor to do any of the following:
| 11 | | (a) not violate any criminal statute of any | 12 | | jurisdiction;
| 13 | | (b) make a report to and appear in person before any | 14 | | person or agency as
directed by the court;
| 15 | | (c) work or pursue a course of study or vocational | 16 | | training;
| 17 | | (d) undergo medical or psychotherapeutic treatment | 18 | | rendered by a therapist
licensed under the provisions of | 19 | | the Medical Practice Act of 1987, the
Clinical Psychologist | 20 | | Licensing Act, or the Clinical Social Work and Social
Work | 21 | | Practice Act, or an entity licensed by the Department of | 22 | | Human Services as
a successor to the Department of | 23 | | Alcoholism and Substance Abuse, for the
provision of drug | 24 | | addiction and alcoholism treatment;
| 25 | | (e) attend or reside in a facility established for the | 26 | | instruction or
residence of persons on probation;
|
| | | HB3172 Engrossed | - 3 - | LRB098 08458 RLC 38565 b |
|
| 1 | | (f) support his or her dependents, if any;
| 2 | | (g) pay costs;
| 3 | | (h) refrain from possessing a firearm or other | 4 | | dangerous weapon, or an
automobile;
| 5 | | (i) permit the probation officer to visit him or her at | 6 | | his or her home or
elsewhere;
| 7 | | (j) reside with his or her parents or in a foster home;
| 8 | | (k) attend school;
| 9 | | (k-5) with the consent of the superintendent
of the
| 10 | | facility, attend an educational program at a facility other | 11 | | than the school
in which the
offense was committed if he
or | 12 | | she committed a crime of violence as
defined in
Section 2 | 13 | | of the Crime Victims Compensation Act in a school, on the
| 14 | | real
property
comprising a school, or within 1,000 feet of | 15 | | the real property comprising a
school;
| 16 | | (l) attend a non-residential program for youth;
| 17 | | (m) contribute to his or her own support at home or in | 18 | | a foster home;
| 19 | | (n) perform some reasonable public or community | 20 | | service;
| 21 | | (o) make restitution to the victim, in the same manner | 22 | | and under the same
conditions as provided in subsection (4) | 23 | | of Section 5-710, except that the
"sentencing hearing" | 24 | | referred
to in that Section shall be the adjudicatory | 25 | | hearing for purposes of this
Section;
| 26 | | (p) comply with curfew requirements as designated by |
| | | HB3172 Engrossed | - 4 - | LRB098 08458 RLC 38565 b |
|
| 1 | | the court;
| 2 | | (q) refrain from entering into a designated geographic | 3 | | area except upon
terms as the court finds appropriate. The | 4 | | terms may include consideration of
the purpose of the | 5 | | entry, the time of day, other persons accompanying the
| 6 | | minor, and advance approval by a probation officer;
| 7 | | (r) 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 | | (r-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 | | (s) 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 submit samples of his | 19 | | or her blood
or urine or both for tests to determine the | 20 | | presence of any illicit drug; or
| 21 | | (t) comply with any other conditions as may be ordered | 22 | | by the court.
| 23 | | (6) A minor whose case is continued under supervision under | 24 | | subsection (5)
shall be given a certificate setting forth the | 25 | | conditions imposed by the court.
Those conditions may be | 26 | | reduced, enlarged, or modified by the court on motion
of the |
| | | HB3172 Engrossed | - 5 - | LRB098 08458 RLC 38565 b |
|
| 1 | | probation officer or on its own motion, or that of the State's | 2 | | Attorney,
or, at the request of the minor after notice and | 3 | | hearing.
| 4 | | (7) If a petition is filed charging a violation of a | 5 | | condition of the
continuance under supervision, the court shall | 6 | | conduct a hearing. If the court
finds that a condition of | 7 | | supervision has not been fulfilled, the court may
proceed to | 8 | | findings and adjudication and disposition. The filing of a | 9 | | petition
for violation of a condition of the continuance under | 10 | | supervision shall toll
the period of continuance under | 11 | | supervision until the final determination of
the charge, and | 12 | | the term of the continuance under supervision shall not run
| 13 | | until the hearing and disposition of the petition for | 14 | | violation; provided
where the petition alleges conduct that | 15 | | does not constitute a criminal offense,
the hearing must be | 16 | | held within 30 days of the filing of the petition unless a
| 17 | | delay shall continue the tolling of the period of continuance | 18 | | under supervision
for the period of
the delay.
| 19 | | (8) When a hearing in which a minor is alleged to be a | 20 | | delinquent for
reasons that include a violation of Section | 21 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 22 | | 2012
is continued under this Section, the court shall, as a | 23 | | condition of the
continuance under supervision, require the | 24 | | minor to perform community service
for not less than 30 and not | 25 | | more than 120 hours, if community service is
available in the | 26 | | jurisdiction. The community service shall include, but need
not |
| | | HB3172 Engrossed | - 6 - | LRB098 08458 RLC 38565 b |
|
| 1 | | be limited to, the cleanup and repair of the damage that was | 2 | | caused by the
alleged violation or similar damage to property | 3 | | located in the municipality or
county in which the alleged | 4 | | violation occurred. The condition may be in
addition to any | 5 | | other condition.
| 6 | | (8.5) When a hearing in which a minor is alleged to be a | 7 | | delinquent for
reasons
that include a violation of Section 3.02 | 8 | | or Section 3.03 of the Humane Care for
Animals Act or paragraph | 9 | | (d) of subsection (1)
of Section
21-1 of the Criminal Code of | 10 | | 1961 or paragraph (4) of subsection (a) of Section 21-1 or the | 11 | | Criminal Code of 2012 is continued under this Section, the | 12 | | court
shall, as a
condition of the continuance under | 13 | | supervision, require the minor to undergo
medical or
| 14 | | psychiatric treatment rendered by a psychiatrist or | 15 | | psychological treatment
rendered by a
clinical psychologist. | 16 | | The condition may be in addition to any other
condition.
| 17 | | (9) When a hearing in which a minor is alleged to be a | 18 | | delinquent is
continued under this Section, the court, before | 19 | | continuing the case, shall make
a finding whether the offense | 20 | | alleged to have been committed either: (i) was
related to or in | 21 | | furtherance of the activities of an organized gang or was
| 22 | | motivated by the minor's membership in or allegiance to an | 23 | | organized gang, or
(ii) is a violation of paragraph (13) of | 24 | | subsection (a) of Section 12-2 or paragraph (2) of subsection | 25 | | (c) of Section 12-2 of the
Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, a violation of any Section of Article 24 |
| | | HB3172 Engrossed | - 7 - | LRB098 08458 RLC 38565 b |
|
| 1 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a | 2 | | violation of any statute that involved the unlawful
use of a | 3 | | firearm. If the court determines the question in the | 4 | | affirmative the
court shall, as a condition of the continuance | 5 | | under supervision and as part of
or in addition to any other | 6 | | condition of the supervision,
require the minor to perform | 7 | | community service for not less than 30 hours,
provided that | 8 | | community service is available in the
jurisdiction and is | 9 | | funded and approved by the county board of the county where
the | 10 | | offense was committed. The community service shall include, but | 11 | | need not
be limited to, the cleanup and repair of any damage | 12 | | caused by an alleged
violation of Section 21-1.3 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012 and similar | 14 | | damage to
property located in the municipality or county in | 15 | | which the alleged violation
occurred. When possible and | 16 | | reasonable, the community service shall be
performed in the | 17 | | minor's neighborhood. For the purposes of this Section,
| 18 | | "organized gang" has the meaning ascribed to it in Section 10 | 19 | | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
| 20 | | (10) The court shall impose upon a minor placed on | 21 | | supervision, as a
condition of the supervision, a fee of $50 | 22 | | for each month of supervision
ordered by the court, unless | 23 | | after determining the inability of the minor
placed on | 24 | | supervision to pay the fee, the court assesses a lesser amount. | 25 | | The
court may not impose the fee on a minor who is made a ward | 26 | | of the State under
this Act while the minor is in placement. |
| | | HB3172 Engrossed | - 8 - | LRB098 08458 RLC 38565 b |
|
| 1 | | The fee shall be imposed only upon a
minor who is actively | 2 | | supervised by the probation and court services
department. A | 3 | | court may order the parent, guardian, or legal custodian of the
| 4 | | minor to pay some or all of the fee on the minor's behalf.
| 5 | | (11) If a minor is placed on supervision for a violation of
| 6 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 7 | | by Minors Act, the
court may, in its discretion, and upon
| 8 | | recommendation by the State's Attorney, order that minor and | 9 | | his or her parents
or legal
guardian to attend a smoker's | 10 | | education or youth diversion program as defined
in that Act if | 11 | | that
program is available in the jurisdiction where the | 12 | | offender resides.
Attendance at a smoker's education or youth | 13 | | diversion program
shall be time-credited against any community | 14 | | service time imposed for any
first violation of subsection | 15 | | (a-7) of Section 1 of that Act. In addition to any
other
| 16 | | penalty
that the court may impose for a violation of subsection | 17 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 18 | | State's Attorney, may in its discretion
require
the offender to | 19 | | remit a fee for his or her attendance at a smoker's
education | 20 | | or
youth diversion program.
| 21 | | For purposes of this Section, "smoker's education program" | 22 | | or "youth
diversion program" includes, but is not limited to, a | 23 | | seminar designed to
educate a person on the physical and | 24 | | psychological effects of smoking tobacco
products and the | 25 | | health consequences of smoking tobacco products that can be
| 26 | | conducted with a locality's youth diversion program.
|
| | | HB3172 Engrossed | - 9 - | LRB098 08458 RLC 38565 b |
|
| 1 | | In addition to any other penalty that the court may impose | 2 | | under this
subsection
(11):
| 3 | | (a) If a minor violates subsection (a-7) of Section 1 | 4 | | of the Prevention of
Tobacco Use by Minors Act, the court | 5 | | may
impose a sentence of 15 hours of
community service or a | 6 | | fine of $25 for a first violation.
| 7 | | (b) A second violation by a minor of subsection (a-7) | 8 | | of Section 1 of that Act
that occurs
within 12 months after | 9 | | the first violation is punishable by a fine of $50 and
25
| 10 | | hours of community service.
| 11 | | (c) A third or subsequent violation by a minor of | 12 | | subsection (a-7) of Section
1 of that Act
that
occurs | 13 | | within 12 months after the first violation is punishable by | 14 | | a $100
fine
and 30 hours of community service.
| 15 | | (d) Any second or subsequent violation not within the | 16 | | 12-month time period
after the first violation is | 17 | | punishable as provided for a first violation.
| 18 | | (Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11; | 19 | | 97-1150, eff. 1-25-13.)
|
|