Illinois General Assembly - Full Text of HB1796
Illinois General Assembly

Previous General Assemblies

Full Text of HB1796  99th General Assembly


Rep. Norine Hammond

Filed: 4/14/2015





09900HB1796ham001LRB099 06396 RLC 33847 a


2    AMENDMENT NO. ______. Amend House Bill 1796 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-705 and 5-710 as follows:
6    (705 ILCS 405/5-705)
7    Sec. 5-705. Sentencing hearing; evidence; continuance.
8    (1) At the sentencing hearing, the court shall determine
9whether it is in the best interests of the minor or the public
10that he or she be made a ward of the court, and, if he or she is
11to be made a ward of the court, the court shall determine the
12proper disposition best serving the interests of the minor and
13the public. All evidence helpful in determining these
14questions, including oral and written reports, may be admitted
15and may be relied upon to the extent of its probative value,
16even though not competent for the purposes of the trial. A



09900HB1796ham001- 2 -LRB099 06396 RLC 33847 a

1record of a prior continuance under supervision under Section
25-615, whether successfully completed or not, is admissible at
3the sentencing hearing. No order of commitment to the
4Department of Juvenile Justice shall be entered against a minor
5before a written report of social investigation, which has been
6completed within the previous 60 days, is presented to and
7considered by the court.
8    (2) Once a party has been served in compliance with Section
95-525, no further service or notice must be given to that party
10prior to proceeding to a sentencing hearing. Before imposing
11sentence the court shall advise the State's Attorney and the
12parties who are present or their counsel of the factual
13contents and the conclusions of the reports prepared for the
14use of the court and considered by it, and afford fair
15opportunity, if requested, to controvert them. Factual
16contents, conclusions, documents and sources disclosed by the
17court under this paragraph shall not be further disclosed
18without the express approval of the court.
19    (3) On its own motion or that of the State's Attorney, a
20parent, guardian, legal custodian, or counsel, the court may
21adjourn the hearing for a reasonable period to receive reports
22or other evidence and, in such event, shall make an appropriate
23order for detention of the minor or his or her release from
24detention subject to supervision by the court during the period
25of the continuance. In the event the court shall order
26detention hereunder, the period of the continuance shall not



09900HB1796ham001- 3 -LRB099 06396 RLC 33847 a

1exceed 30 court days. At the end of such time, the court shall
2release the minor from detention unless notice is served at
3least 3 days prior to the hearing on the continued date that
4the State will be seeking an extension of the period of
5detention, which notice shall state the reason for the request
6for the extension. The extension of detention may be for a
7maximum period of an additional 15 court days or a lesser
8number of days at the discretion of the court. However, at the
9expiration of the period of extension, the court shall release
10the minor from detention if a further continuance is granted.
11In scheduling investigations and hearings, the court shall give
12priority to proceedings in which a minor is in detention or has
13otherwise been removed from his or her home before a sentencing
14order has been made.
15    (4) When commitment to the Department of Juvenile Justice
16or placement in detention is ordered, the court shall state the
17basis for selecting the particular disposition, and the court
18shall prepare such a statement for inclusion in the record.
19(Source: P.A. 94-696, eff. 6-1-06.)
20    (705 ILCS 405/5-710)
21    Sec. 5-710. Kinds of sentencing orders.
22    (1) The following kinds of sentencing orders may be made in
23respect of wards of the court:
24        (a) Except as provided in Sections 5-805, 5-810, 5-815,
25    a minor who is found guilty under Section 5-620 may be:



09900HB1796ham001- 4 -LRB099 06396 RLC 33847 a

1            (i) put on probation or conditional discharge and
2        released to his or her parents, guardian or legal
3        custodian, provided, however, that any such minor who
4        is not committed to the Department of Juvenile Justice
5        under this subsection and who is found to be a
6        delinquent for an offense which is first degree murder,
7        a Class X felony, or a forcible felony shall be placed
8        on probation;
9            (ii) placed in accordance with Section 5-740, with
10        or without also being put on probation or conditional
11        discharge;
12            (iii) required to undergo a substance abuse
13        assessment conducted by a licensed provider and
14        participate in the indicated clinical level of care;
15            (iv) on and after the effective date of this
16        amendatory Act of the 98th General Assembly and before
17        January 1, 2017, placed in the guardianship of the
18        Department of Children and Family Services, but only if
19        the delinquent minor is under 16 years of age or,
20        pursuant to Article II of this Act, a minor for whom an
21        independent basis of abuse, neglect, or dependency
22        exists. On and after January 1, 2017, placed in the
23        guardianship of the Department of Children and Family
24        Services, but only if the delinquent minor is under 15
25        years of age or, pursuant to Article II of this Act, a
26        minor for whom an independent basis of abuse, neglect,



09900HB1796ham001- 5 -LRB099 06396 RLC 33847 a

1        or dependency exists. An independent basis exists when
2        the allegations or adjudication of abuse, neglect, or
3        dependency do not arise from the same facts, incident,
4        or circumstances which give rise to a charge or
5        adjudication of delinquency;
6            (v) placed in detention for a period not to exceed
7        the lesser of 6 months or the period of incarceration
8        permitted by law for adults found guilty of the same
9        offense or offenses for which the minor was adjudicated
10        delinquent 30 days, either as the exclusive order of
11        disposition or, where appropriate, in conjunction with
12        any other order of disposition issued under this
13        paragraph, provided that any such detention shall be in
14        a juvenile detention home and the minor so detained
15        shall be 10 years of age or older. However, the
16        detention 30-day limitation may be extended by further
17        order of the court for a minor under age 15 committed
18        to the Department of Children and Family Services if
19        the court finds that the minor is a danger to himself
20        or others. The minor shall be given credit on the
21        sentencing order of detention for time spent in
22        detention under Sections 5-501, 5-601, 5-710, or 5-720
23        of this Article as a result of the offense for which
24        the sentencing order was imposed. The court may grant
25        credit on a sentencing order of detention entered under
26        a violation of probation or violation of conditional



09900HB1796ham001- 6 -LRB099 06396 RLC 33847 a

1        discharge under Section 5-720 of this Article for time
2        spent in detention before the filing of the petition
3        alleging the violation. A minor shall not be deprived
4        of credit for time spent in detention before the filing
5        of a violation of probation or conditional discharge
6        alleging the same or related act or acts. The
7        limitation that the minor shall only be placed in a
8        juvenile detention home does not apply as follows:
9            Persons 18 years of age and older who have a
10        petition of delinquency filed against them may be
11        confined in an adult detention facility. In making a
12        determination whether to confine a person 18 years of
13        age or older who has a petition of delinquency filed
14        against the person, these factors, among other
15        matters, shall be considered:
16                (A) the age of the person;
17                (B) any previous delinquent or criminal
18            history of the person;
19                (C) any previous abuse or neglect history of
20            the person;
21                (D) any mental health history of the person;
22            and
23                (E) any educational history of the person;
24            (vi) ordered partially or completely emancipated
25        in accordance with the provisions of the Emancipation
26        of Minors Act;



09900HB1796ham001- 7 -LRB099 06396 RLC 33847 a

1            (vii) subject to having his or her driver's license
2        or driving privileges suspended for such time as
3        determined by the court but only until he or she
4        attains 18 years of age;
5            (viii) put on probation or conditional discharge
6        and placed in detention under Section 3-6039 of the
7        Counties Code for a period not to exceed the period of
8        incarceration permitted by law for adults found guilty
9        of the same offense or offenses for which the minor was
10        adjudicated delinquent, and in any event no longer than
11        upon attainment of age 21; this subdivision (viii)
12        notwithstanding any contrary provision of the law;
13            (ix) ordered to undergo a medical or other
14        procedure to have a tattoo symbolizing allegiance to a
15        street gang removed from his or her body; or
16            (x) placed in electronic home detention under Part
17        7A of this Article.
18        (b) A minor found to be guilty may be committed to the
19    Department of Juvenile Justice under Section 5-750 if the
20    minor is 13 years of age or older, provided that the
21    commitment to the Department of Juvenile Justice shall be
22    made only if a term of incarceration is permitted by law
23    for adults found guilty of the offense for which the minor
24    was adjudicated delinquent. The time during which a minor
25    is in custody before being released upon the request of a
26    parent, guardian or legal custodian shall be considered as



09900HB1796ham001- 8 -LRB099 06396 RLC 33847 a

1    time spent in detention.
2        (c) When a minor is found to be guilty for an offense
3    which is a violation of the Illinois Controlled Substances
4    Act, the Cannabis Control Act, or the Methamphetamine
5    Control and Community Protection Act and made a ward of the
6    court, the court may enter a disposition order requiring
7    the minor to undergo assessment, counseling or treatment in
8    a substance abuse program approved by the Department of
9    Human Services.
10    (2) Any sentencing order other than commitment to the
11Department of Juvenile Justice may provide for protective
12supervision under Section 5-725 and may include an order of
13protection under Section 5-730.
14    (3) Unless the sentencing order expressly so provides, it
15does not operate to close proceedings on the pending petition,
16but is subject to modification until final closing and
17discharge of the proceedings under Section 5-750.
18    (4) In addition to any other sentence, the court may order
19any minor found to be delinquent to make restitution, in
20monetary or non-monetary form, under the terms and conditions
21of Section 5-5-6 of the Unified Code of Corrections, except
22that the "presentencing hearing" referred to in that Section
23shall be the sentencing hearing for purposes of this Section.
24The parent, guardian or legal custodian of the minor may be
25ordered by the court to pay some or all of the restitution on
26the minor's behalf, pursuant to the Parental Responsibility



09900HB1796ham001- 9 -LRB099 06396 RLC 33847 a

1Law. The State's Attorney is authorized to act on behalf of any
2victim in seeking restitution in proceedings under this
3Section, up to the maximum amount allowed in Section 5 of the
4Parental Responsibility Law.
5    (5) Any sentencing order where the minor is committed or
6placed in accordance with Section 5-740 shall provide for the
7parents or guardian of the estate of the minor to pay to the
8legal custodian or guardian of the person of the minor such
9sums as are determined by the custodian or guardian of the
10person of the minor as necessary for the minor's needs. The
11payments may not exceed the maximum amounts provided for by
12Section 9.1 of the Children and Family Services Act.
13    (6) Whenever the sentencing order requires the minor to
14attend school or participate in a program of training, the
15truant officer or designated school official shall regularly
16report to the court if the minor is a chronic or habitual
17truant under Section 26-2a of the School Code. Notwithstanding
18any other provision of this Act, in instances in which
19educational services are to be provided to a minor in a
20residential facility where the minor has been placed by the
21court, costs incurred in the provision of those educational
22services must be allocated based on the requirements of the
23School Code.
24    (7) In no event shall a guilty minor be committed to the
25Department of Juvenile Justice for a period of time in excess
26of that period for which an adult could be committed for the



09900HB1796ham001- 10 -LRB099 06396 RLC 33847 a

1same act.
2    (8) A minor found to be guilty for reasons that include a
3violation of Section 21-1.3 of the Criminal Code of 1961 or the
4Criminal Code of 2012 shall be ordered to perform community
5service for not less than 30 and not more than 120 hours, if
6community service is available in the jurisdiction. The
7community service shall include, but need not be limited to,
8the cleanup and repair of the damage that was caused by the
9violation or similar damage to property located in the
10municipality or county in which the violation occurred. The
11order may be in addition to any other order authorized by this
13    (8.5) A minor found to be guilty for reasons that include a
14violation of Section 3.02 or Section 3.03 of the Humane Care
15for Animals Act or paragraph (d) of subsection (1) of Section
1621-1 of the Criminal Code of 1961 or paragraph (4) of
17subsection (a) of Section 21-1 of the Criminal Code of 2012
18shall be ordered to undergo medical or psychiatric treatment
19rendered by a psychiatrist or psychological treatment rendered
20by a clinical psychologist. The order may be in addition to any
21other order authorized by this Section.
22    (9) In addition to any other sentencing order, the court
23shall order any minor found to be guilty for an act which would
24constitute, predatory criminal sexual assault of a child,
25aggravated criminal sexual assault, criminal sexual assault,
26aggravated criminal sexual abuse, or criminal sexual abuse if



09900HB1796ham001- 11 -LRB099 06396 RLC 33847 a

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



09900HB1796ham001- 12 -LRB099 06396 RLC 33847 a

1are revealed. The court shall order that the cost of any test
2shall be paid by the county and may be taxed as costs against
3the minor.
4    (10) When a court finds a minor to be guilty the court
5shall, before entering a sentencing order under this Section,
6make a finding whether the offense committed either: (a) was
7related to or in furtherance of the criminal activities of an
8organized gang or was motivated by the minor's membership in or
9allegiance to an organized gang, or (b) involved a violation of
10subsection (a) of Section 12-7.1 of the Criminal Code of 1961
11or the Criminal Code of 2012, a violation of any Section of
12Article 24 of the Criminal Code of 1961 or the Criminal Code of
132012, or a violation of any statute that involved the wrongful
14use of a firearm. If the court determines the question in the
15affirmative, and the court does not commit the minor to the
16Department of Juvenile Justice, the court shall order the minor
17to perform community service for not less than 30 hours nor
18more than 120 hours, provided that community service is
19available in the jurisdiction and is funded and approved by the
20county board of the county where the offense was committed. The
21community service shall include, but need not be limited to,
22the cleanup and repair of any damage caused by a violation of
23Section 21-1.3 of the Criminal Code of 1961 or the Criminal
24Code of 2012 and similar damage to property located in the
25municipality or county in which the violation occurred. When
26possible and reasonable, the community service shall be



09900HB1796ham001- 13 -LRB099 06396 RLC 33847 a

1performed in the minor's neighborhood. This order shall be in
2addition to any other order authorized by this Section except
3for an order to place the minor in the custody of the
4Department of Juvenile Justice. For the purposes of this
5Section, "organized gang" has the meaning ascribed to it in
6Section 10 of the Illinois Streetgang Terrorism Omnibus
7Prevention Act.
8    (11) If the court determines that the offense was committed
9in furtherance of the criminal activities of an organized gang,
10as provided in subsection (10), and that the offense involved
11the operation or use of a motor vehicle or the use of a
12driver's license or permit, the court shall notify the
13Secretary of State of that determination and of the period for
14which the minor shall be denied driving privileges. If, at the
15time of the determination, the minor does not hold a driver's
16license or permit, the court shall provide that the minor shall
17not be issued a driver's license or permit until his or her
1818th birthday. If the minor holds a driver's license or permit
19at the time of the determination, the court shall provide that
20the minor's driver's license or permit shall be revoked until
21his or her 21st birthday, or until a later date or occurrence
22determined by the court. If the minor holds a driver's license
23at the time of the determination, the court may direct the
24Secretary of State to issue the minor a judicial driving
25permit, also known as a JDP. The JDP shall be subject to the
26same terms as a JDP issued under Section 6-206.1 of the



09900HB1796ham001- 14 -LRB099 06396 RLC 33847 a

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



09900HB1796ham001- 15 -LRB099 06396 RLC 33847 a

1        (a) If a minor violates subsection (a-7) of Section 1
2    of the Prevention of Tobacco Use by Minors Act, the court
3    may impose a sentence of 15 hours of community service or a
4    fine of $25 for a first violation.
5        (b) A second violation by a minor of subsection (a-7)
6    of Section 1 of that Act that occurs within 12 months after
7    the first violation is punishable by a fine of $50 and 25
8    hours of community service.
9        (c) A third or subsequent violation by a minor of
10    subsection (a-7) of Section 1 of that Act that occurs
11    within 12 months after the first violation is punishable by
12    a $100 fine and 30 hours of community service.
13        (d) Any second or subsequent violation not within the
14    12-month time period after the first violation is
15    punishable as provided for a first violation.
16(Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13;
1798-803, eff. 1-1-15.)".