Illinois General Assembly - Full Text of HB1488
Illinois General Assembly

Previous General Assemblies

Full Text of HB1488  99th General Assembly


Rep. La Shawn K. Ford

Filed: 3/23/2015





09900HB1488ham001LRB099 05740 RLC 32856 a


2    AMENDMENT NO. ______. Amend House Bill 1488 by replacing
3everything after the enacting clause with the following:
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, second degree murder, criminal sexual
13assault, a Class X felony, an attempt Class X felony, or a
14forcible felony. The juvenile court may terminate probation or
15conditional discharge and discharge the minor at any time if
16warranted by the conduct of the minor and the ends of justice;



09900HB1488ham001- 2 -LRB099 05740 RLC 32856 a

1provided, however, that the period of probation for a minor who
2is found to be guilty for an offense which is first degree
3murder, second degree murder, criminal sexual assault, a Class
4X felony, or an attempt Class X felony a forcible felony shall
5be at least 5 years. The period of probation for a minor who is
6found to be guilty for an offense which is a forcible felony,
7other than first degree murder, second degree murder, criminal
8sexual assault, a Class X felony, or an attempt Class X felony,
9shall be a mandatory minimum probation period of 3 years, but
10may be up to 5 years, if the facts of the crime, the conduct of
11the minor, and the ends of justice warrant so in the judge's
13    (2) The court may as a condition of probation or of
14conditional discharge require that the minor:
15        (a) not violate any criminal statute of any
16    jurisdiction;
17        (b) make a report to and appear in person before any
18    person or agency as directed by the court;
19        (c) work or pursue a course of study or vocational
20    training;
21        (d) undergo medical or psychiatric treatment, rendered
22    by a psychiatrist or psychological treatment rendered by a
23    clinical psychologist or social work services rendered by a
24    clinical social worker, or treatment for drug addiction or
25    alcoholism;
26        (e) attend or reside in a facility established for the



09900HB1488ham001- 3 -LRB099 05740 RLC 32856 a

1    instruction or residence of persons on probation;
2        (f) support his or her dependents, if any;
3        (g) refrain from possessing a firearm or other
4    dangerous weapon, or an automobile;
5        (h) permit the probation officer to visit him or her at
6    his or her home or elsewhere;
7        (i) reside with his or her parents or in a foster home;
8        (j) attend school;
9        (j-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        (k) attend a non-residential program for youth;
17        (l) make restitution under the terms of subsection (4)
18    of Section 5-710;
19        (m) contribute to his or her own support at home or in
20    a foster home;
21        (n) perform some reasonable public or community
22    service;
23        (o) participate with community corrections programs
24    including unified delinquency intervention services
25    administered by the Department of Human Services subject to
26    Section 5 of the Children and Family Services Act;



09900HB1488ham001- 4 -LRB099 05740 RLC 32856 a

1        (p) pay costs;
2        (q) serve a term of home confinement. In addition to
3    any other applicable condition of probation or conditional
4    discharge, the conditions of home confinement shall be that
5    the minor:
6            (i) remain within the interior premises of the
7        place designated for his or her confinement during the
8        hours designated by the court;
9            (ii) admit any person or agent designated by the
10        court into the minor's place of confinement at any time
11        for purposes of verifying the minor's compliance with
12        the conditions of his or her confinement; and
13            (iii) use an approved electronic monitoring device
14        if ordered by the court subject to Article 8A of
15        Chapter V of the Unified Code of Corrections;
16        (r) refrain from entering into a designated geographic
17    area except upon terms as the court finds appropriate. The
18    terms may include consideration of the purpose of the
19    entry, the time of day, other persons accompanying the
20    minor, and advance approval by a probation officer, if the
21    minor has been placed on probation, or advance approval by
22    the court, if the minor has been placed on conditional
23    discharge;
24        (s) refrain from having any contact, directly or
25    indirectly, with certain specified persons or particular
26    types of persons, including but not limited to members of



09900HB1488ham001- 5 -LRB099 05740 RLC 32856 a

1    street gangs and drug users or dealers;
2        (s-5) undergo a medical or other procedure to have a
3    tattoo symbolizing allegiance to a street gang removed from
4    his or her body;
5        (t) refrain from having in his or her body the presence
6    of any illicit drug prohibited by the Cannabis Control Act,
7    the Illinois Controlled Substances Act, or the
8    Methamphetamine Control and Community Protection Act,
9    unless prescribed by a physician, and shall submit samples
10    of his or her blood or urine or both for tests to determine
11    the presence of any illicit drug; or
12        (u) comply with other conditions as may be ordered by
13    the court.
14    (3) The court may as a condition of probation or of
15conditional discharge require that a minor found guilty on any
16alcohol, cannabis, methamphetamine, or controlled substance
17violation, refrain from acquiring a driver's license during the
18period of probation or conditional discharge. If the minor is
19in possession of a permit or license, the court may require
20that the minor refrain from driving or operating any motor
21vehicle during the period of probation or conditional
22discharge, except as may be necessary in the course of the
23minor's lawful employment.
24    (3.5) The court shall, as a condition of probation or of
25conditional discharge, require that a minor found to be guilty
26and placed on probation for reasons that include a violation of



09900HB1488ham001- 6 -LRB099 05740 RLC 32856 a

1Section 3.02 or Section 3.03 of the Humane Care for Animals Act
2or paragraph (4) of subsection (a) of Section 21-1 of the
3Criminal Code of 2012 undergo medical or psychiatric treatment
4rendered by a psychiatrist or psychological treatment rendered
5by a clinical psychologist. The condition may be in addition to
6any other condition.
7    (3.10) The court shall order that a minor placed on
8probation or conditional discharge for a sex offense as defined
9in the Sex Offender Management Board Act undergo and
10successfully complete sex offender treatment. The treatment
11shall be in conformance with the standards developed under the
12Sex Offender Management Board Act and conducted by a treatment
13provider approved by the Board. The treatment shall be at the
14expense of the person evaluated based upon that person's
15ability to pay for the treatment.
16    (4) A minor on probation or conditional discharge shall be
17given a certificate setting forth the conditions upon which he
18or she is being released.
19    (5) The court shall impose upon a minor placed on probation
20or conditional discharge, as a condition of the probation or
21conditional discharge, a fee of $50 for each month of probation
22or conditional discharge supervision ordered by the court,
23unless after determining the inability of the minor placed on
24probation or conditional discharge to pay the fee, the court
25assesses a lesser amount. The court may not impose the fee on a
26minor who is made a ward of the State under this Act while the



09900HB1488ham001- 7 -LRB099 05740 RLC 32856 a

1minor is in placement. The fee shall be imposed only upon a
2minor who is actively supervised by the probation and court
3services department. The court may order the parent, guardian,
4or legal custodian of the minor to pay some or all of the fee on
5the minor's behalf.
6    (5.5) Jurisdiction over an offender may be transferred from
7the sentencing court to the court of another circuit with the
8concurrence of both courts. Further transfers or retransfers of
9jurisdiction are also authorized in the same manner. The court
10to which jurisdiction has been transferred shall have the same
11powers as the sentencing court. The probation department within
12the circuit to which jurisdiction has been transferred, or
13which has agreed to provide supervision, may impose probation
14fees upon receiving the transferred offender, as provided in
15subsection (i) of Section 5-6-3 of the Unified Code of
16Corrections. For all transfer cases, as defined in Section 9b
17of the Probation and Probation Officers Act, the probation
18department from the original sentencing court shall retain all
19probation fees collected prior to the transfer. After the
20transfer, all probation fees shall be paid to the probation
21department within the circuit to which jurisdiction has been
23    If the transfer case originated in another state and has
24been transferred under the Interstate Compact for Juveniles to
25the jurisdiction of an Illinois circuit court for supervision
26by an Illinois probation department, probation fees may be



09900HB1488ham001- 8 -LRB099 05740 RLC 32856 a

1imposed only if permitted by the Interstate Commission for
3    (6) The General Assembly finds that in order to protect the
4public, the juvenile justice system must compel compliance with
5the conditions of probation by responding to violations with
6swift, certain, and fair punishments and intermediate
7sanctions. The Chief Judge of each circuit shall adopt a system
8of structured, intermediate sanctions for violations of the
9terms and conditions of a sentence of supervision, probation or
10conditional discharge, under this Act.
11    The court shall provide as a condition of a disposition of
12probation, conditional discharge, or supervision, that the
13probation agency may invoke any sanction from the list of
14intermediate sanctions adopted by the chief judge of the
15circuit court for violations of the terms and conditions of the
16sentence of probation, conditional discharge, or supervision,
17subject to the provisions of Section 5-720 of this Act.
18(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
1998-575, eff. 1-1-14.)".