Illinois General Assembly - Full Text of HB6291
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Full Text of HB6291  99th General Assembly

HB6291ham001 99TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 4/15/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 6291

2    AMENDMENT NO. ______. Amend House Bill 6291 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-710 and 5-715 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 in
9respect of wards of the court:
10        (a) Except as provided in Sections 5-805, 5-810, 5-815,
11    a minor who is found guilty under Section 5-620 may be:
12            (i) put on probation or conditional discharge and
13        released to his or her parents, guardian or legal
14        custodian, provided, however, that any such minor who
15        is not committed to the Department of Juvenile Justice
16        under this subsection and who is found to be a

 

 

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1        delinquent for an offense which is first degree murder,
2        a Class X felony, or a forcible felony shall be placed
3        on probation;
4            (ii) placed in accordance with Section 5-740, with
5        or without also being put on probation or conditional
6        discharge;
7            (iii) required to undergo a substance abuse
8        assessment conducted by a licensed provider and
9        participate in the indicated clinical level of care;
10            (iv) on and after the effective date of this
11        amendatory Act of the 98th General Assembly and before
12        January 1, 2017, placed in the guardianship of the
13        Department of Children and Family Services, but only if
14        the delinquent minor is under 16 years of age or,
15        pursuant to Article II of this Act, a minor for whom an
16        independent basis of abuse, neglect, or dependency
17        exists. On and after January 1, 2017, placed in the
18        guardianship of the Department of Children and Family
19        Services, but only if the delinquent minor is under 15
20        years of age or, pursuant to Article II of this Act, a
21        minor for whom an independent basis of abuse, neglect,
22        or dependency exists. An independent basis exists when
23        the allegations or adjudication of abuse, neglect, or
24        dependency do not arise from the same facts, incident,
25        or circumstances which give rise to a charge or
26        adjudication of delinquency;

 

 

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1            (v) placed in detention for a period not to exceed
2        30 days, either as the exclusive order of disposition
3        or, where appropriate, in conjunction with any other
4        order of disposition issued under this paragraph,
5        provided that any such detention shall be in a juvenile
6        detention home and the minor so detained shall be 10
7        years of age or older. However, the 30-day limitation
8        may be extended by further order of the court for a
9        minor under age 15 committed to the Department of
10        Children and Family Services if the court finds that
11        the minor is a danger to himself or others. The minor
12        shall be given credit on the sentencing order of
13        detention for time spent in detention under Sections
14        5-501, 5-601, 5-710, or 5-720 of this Article as a
15        result of the offense for which the sentencing order
16        was imposed. The court may grant credit on a sentencing
17        order of detention entered under a violation of
18        probation or violation of conditional discharge under
19        Section 5-720 of this Article for time spent in
20        detention before the filing of the petition alleging
21        the violation. A minor shall not be deprived of credit
22        for time spent in detention before the filing of a
23        violation of probation or conditional discharge
24        alleging the same or related act or acts. The
25        limitation that the minor shall only be placed in a
26        juvenile detention home does not apply as follows:

 

 

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1            Persons 18 years of age and older who have a
2        petition of delinquency filed against them may be
3        confined in an adult detention facility. In making a
4        determination whether to confine a person 18 years of
5        age or older who has a petition of delinquency filed
6        against the person, these factors, among other
7        matters, shall be considered:
8                (A) the age of the person;
9                (B) any previous delinquent or criminal
10            history of the person;
11                (C) any previous abuse or neglect history of
12            the person;
13                (D) any mental health history of the person;
14            and
15                (E) any educational history of the person;
16            (vi) ordered partially or completely emancipated
17        in accordance with the provisions of the Emancipation
18        of Minors Act;
19            (vii) subject to having his or her driver's license
20        or driving privileges suspended for such time as
21        determined by the court but only until he or she
22        attains 18 years of age;
23            (viii) put on probation or conditional discharge
24        and placed in detention under Section 3-6039 of the
25        Counties Code for a period not to exceed the period of
26        incarceration permitted by law for adults found guilty

 

 

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1        of the same offense or offenses for which the minor was
2        adjudicated delinquent, and in any event no longer than
3        upon attainment of age 21; this subdivision (viii)
4        notwithstanding any contrary provision of the law;
5            (ix) ordered to undergo a medical or other
6        procedure to have a tattoo symbolizing allegiance to a
7        street gang removed from his or her body; or
8            (x) placed in electronic home detention under Part
9        7A of this Article.
10        (b) A minor found to be guilty may be committed to the
11    Department of Juvenile Justice under Section 5-750 if the
12    minor is at least 13 years and under 20 years of age,
13    provided that the commitment to the Department of Juvenile
14    Justice shall be made only if a term of imprisonment in the
15    penitentiary system of the Department of Corrections is
16    permitted by law for adults found guilty of the offense for
17    which the minor was adjudicated delinquent. The court shall
18    include in the sentencing order any pre-custody credits the
19    minor is entitled to under Section 5-4.5-100 of the Unified
20    Code of Corrections. The time during which a minor is in
21    custody before being released upon the request of a parent,
22    guardian or legal custodian shall also be considered as
23    time spent in custody.
24        (c) When a minor is found to be guilty for an offense
25    which is a violation of the Illinois Controlled Substances
26    Act, the Cannabis Control Act, or the Methamphetamine

 

 

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

 

 

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

 

 

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1    (7.5) In no event shall a guilty minor be committed to the
2Department of Juvenile Justice or placed in detention when the
3act for which the minor was adjudicated delinquent would not be
4illegal if committed by an adult.
5    (7.75) In no event shall a guilty minor be committed to the
6Department of Juvenile Justice for an offense that is a Class 3
7or Class 4 felony violation of the Illinois Controlled
8Substances Act unless the commitment occurs upon a third or
9subsequent judicial finding of a violation of probation for
10substantial noncompliance with court ordered treatment or
11programming.
12    (8) A minor found to be guilty for reasons that include a
13violation of Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012 shall be ordered to perform community
15service for not less than 30 and not more than 120 hours, if
16community service is available in the jurisdiction. The
17community service shall include, but need not be limited to,
18the cleanup and repair of the damage that was caused by the
19violation or similar damage to property located in the
20municipality or county in which the violation occurred. The
21order may be in addition to any other order authorized by this
22Section.
23    (8.5) A minor found to be guilty for reasons that include a
24violation of Section 3.02 or Section 3.03 of the Humane Care
25for Animals Act or paragraph (d) of subsection (1) of Section
2621-1 of the Criminal Code of 1961 or paragraph (4) of

 

 

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1subsection (a) of Section 21-1 of the Criminal Code of 2012
2shall be ordered to undergo medical or psychiatric treatment
3rendered by a psychiatrist or psychological treatment rendered
4by a clinical psychologist. The order may be in addition to any
5other order authorized by this Section.
6    (9) In addition to any other sentencing order, the court
7shall order any minor found to be guilty for an act which would
8constitute, predatory criminal sexual assault of a child,
9aggravated criminal sexual assault, criminal sexual assault,
10aggravated criminal sexual abuse, or criminal sexual abuse if
11committed by an adult to undergo medical testing to determine
12whether the defendant has any sexually transmissible disease
13including a test for infection with human immunodeficiency
14virus (HIV) or any other identified causative agency of
15acquired immunodeficiency syndrome (AIDS). Any medical test
16shall be performed only by appropriately licensed medical
17practitioners and may include an analysis of any bodily fluids
18as well as an examination of the minor's person. Except as
19otherwise provided by law, the results of the test shall be
20kept strictly confidential by all medical personnel involved in
21the testing and must be personally delivered in a sealed
22envelope to the judge of the court in which the sentencing
23order was entered for the judge's inspection in camera. Acting
24in accordance with the best interests of the victim and the
25public, the judge shall have the discretion to determine to
26whom the results of the testing may be revealed. The court

 

 

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1shall notify the minor of the results of the test for infection
2with the human immunodeficiency virus (HIV). The court shall
3also notify the victim if requested by the victim, and if the
4victim is under the age of 15 and if requested by the victim's
5parents or legal guardian, the court shall notify the victim's
6parents or the legal guardian, of the results of the test for
7infection with the human immunodeficiency virus (HIV). The
8court shall provide information on the availability of HIV
9testing and counseling at the Department of Public Health
10facilities to all parties to whom the results of the testing
11are revealed. The court shall order that the cost of any test
12shall be paid by the county and may be taxed as costs against
13the minor.
14    (10) When a court finds a minor to be guilty the court
15shall, before entering a sentencing order under this Section,
16make a finding whether the offense committed either: (a) was
17related to or in furtherance of the criminal activities of an
18organized gang or was motivated by the minor's membership in or
19allegiance to an organized gang, or (b) involved a violation of
20subsection (a) of Section 12-7.1 of the Criminal Code of 1961
21or the Criminal Code of 2012, a violation of any Section of
22Article 24 of the Criminal Code of 1961 or the Criminal Code of
232012, or a violation of any statute that involved the wrongful
24use of a firearm. If the court determines the question in the
25affirmative, and the court does not commit the minor to the
26Department of Juvenile Justice, the court shall order the minor

 

 

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

 

 

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1not be issued a driver's license or permit until his or her
218th birthday. If the minor holds a driver's license or permit
3at the time of the determination, the court shall provide that
4the minor's driver's license or permit shall be revoked until
5his or her 21st birthday, or until a later date or occurrence
6determined by the court. If the minor holds a driver's license
7at the time of the determination, the court may direct the
8Secretary of State to issue the minor a judicial driving
9permit, also known as a JDP. The JDP shall be subject to the
10same terms as a JDP issued under Section 6-206.1 of the
11Illinois Vehicle Code, except that the court may direct that
12the JDP be effective immediately.
13    (12) If a minor is found to be guilty of a violation of
14subsection (a-7) of Section 1 of the Prevention of Tobacco Use
15by Minors Act, the court may, in its discretion, and upon
16recommendation by the State's Attorney, order that minor and
17his or her parents or legal guardian to attend a smoker's
18education or youth diversion program as defined in that Act if
19that program is available in the jurisdiction where the
20offender resides. Attendance at a smoker's education or youth
21diversion program shall be time-credited against any community
22service time imposed for any first violation of subsection
23(a-7) of Section 1 of that Act. In addition to any other
24penalty that the court may impose for a violation of subsection
25(a-7) of Section 1 of that Act, the court, upon request by the
26State's Attorney, may in its discretion require the offender to

 

 

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1remit a fee for his or her attendance at a smoker's education
2or youth diversion program.
3    For purposes of this Section, "smoker's education program"
4or "youth diversion program" includes, but is not limited to, a
5seminar designed to educate a person on the physical and
6psychological effects of smoking tobacco products and the
7health consequences of smoking tobacco products that can be
8conducted with a locality's youth diversion program.
9    In addition to any other penalty that the court may impose
10under this subsection (12):
11        (a) If a minor violates subsection (a-7) of Section 1
12    of the Prevention of Tobacco Use by Minors Act, the court
13    may impose a sentence of 15 hours of community service or a
14    fine of $25 for a first violation.
15        (b) A second violation by a minor of subsection (a-7)
16    of Section 1 of that Act that occurs within 12 months after
17    the first violation is punishable by a fine of $50 and 25
18    hours of community service.
19        (c) A third or subsequent violation by a minor of
20    subsection (a-7) of Section 1 of that Act that occurs
21    within 12 months after the first violation is punishable by
22    a $100 fine and 30 hours of community service.
23        (d) Any second or subsequent violation not within the
24    12-month time period after the first violation is
25    punishable as provided for a first violation.
26(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;

 

 

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199-268, eff. 1-1-16.)
 
2    (705 ILCS 405/5-715)
3    Sec. 5-715. Probation.
4    (1) The period of probation or conditional discharge shall
5not exceed 5 years or until the minor has attained the age of
621 years, whichever is less, except as provided in this Section
7for a minor who is found to be guilty for an offense which is
8first degree murder, a Class X felony or a forcible felony. The
9juvenile court may terminate probation or conditional
10discharge and discharge the minor at any time if warranted by
11the conduct of the minor and the ends of justice; provided,
12however, that the period of probation for a minor who is found
13to be guilty for an offense which is first degree murder, a
14Class X felony, or a forcible felony shall be at least 5 years.
15    (1.5) The period of probation for a minor who is found
16guilty of aggravated criminal sexual assault, criminal sexual
17assault, or aggravated battery with a firearm shall be at least
1836 months. The period of probation for a minor who is found to
19be guilty of any other Class X felony shall be at least 24
20months. The period of probation for a Class 1 or Class 2
21forcible felony shall be at least 18 months. Regardless of the
22length of probation ordered by the court, for all offenses
23under this paragraph (1.5), the court shall schedule hearings
24to determine whether it is in the best interest of the minor
25and public safety to terminate probation after the minimum

 

 

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1period of probation has been served. In such a hearing, there
2shall be a rebuttable presumption that it is in the best
3interest of the minor and public safety to terminate probation.
4    (2) The court may as a condition of probation or of
5conditional discharge require that the minor:
6        (a) not violate any criminal statute of any
7    jurisdiction;
8        (b) make a report to and appear in person before any
9    person or agency as directed by the court;
10        (c) work or pursue a course of study or vocational
11    training;
12        (d) undergo medical or psychiatric treatment, rendered
13    by a psychiatrist or psychological treatment rendered by a
14    clinical psychologist or social work services rendered by a
15    clinical social worker, or treatment for drug addiction or
16    alcoholism;
17        (e) attend or reside in a facility established for the
18    instruction or residence of persons on probation;
19        (f) support his or her dependents, if any;
20        (g) refrain from possessing a firearm or other
21    dangerous weapon, or an automobile;
22        (h) permit the probation officer to visit him or her at
23    his or her home or elsewhere;
24        (i) reside with his or her parents or in a foster home;
25        (j) attend school;
26        (j-5) with the consent of the superintendent of the

 

 

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1    facility, attend an educational program at a facility other
2    than the school in which the offense was committed if he or
3    she committed a crime of violence as defined in Section 2
4    of the Crime Victims Compensation Act in a school, on the
5    real property comprising a school, or within 1,000 feet of
6    the real property comprising a school;
7        (k) attend a non-residential program for youth;
8        (l) make restitution under the terms of subsection (4)
9    of Section 5-710;
10        (m) contribute to his or her own support at home or in
11    a foster home;
12        (n) perform some reasonable public or community
13    service;
14        (o) participate with community corrections programs
15    including unified delinquency intervention services
16    administered by the Department of Human Services subject to
17    Section 5 of the Children and Family Services Act;
18        (p) pay costs;
19        (q) serve a term of home confinement. In addition to
20    any other applicable condition of probation or conditional
21    discharge, the conditions of home confinement shall be that
22    the minor:
23            (i) remain within the interior premises of the
24        place designated for his or her confinement during the
25        hours designated by the court;
26            (ii) admit any person or agent designated by the

 

 

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1        court into the minor's place of confinement at any time
2        for purposes of verifying the minor's compliance with
3        the conditions of his or her confinement; and
4            (iii) use an approved electronic monitoring device
5        if ordered by the court subject to Article 8A of
6        Chapter V of the Unified Code of Corrections;
7        (r) refrain from entering into a designated geographic
8    area except upon terms as the court finds appropriate. The
9    terms may include consideration of the purpose of the
10    entry, the time of day, other persons accompanying the
11    minor, and advance approval by a probation officer, if the
12    minor has been placed on probation, or advance approval by
13    the court, if the minor has been placed on conditional
14    discharge;
15        (s) refrain from having any contact, directly or
16    indirectly, with certain specified persons or particular
17    types of persons, including but not limited to members of
18    street gangs and drug users or dealers;
19        (s-5) undergo a medical or other procedure to have a
20    tattoo symbolizing allegiance to a street gang removed from
21    his or her body;
22        (t) refrain from having in his or her body the presence
23    of any illicit drug prohibited by the Cannabis Control Act,
24    the Illinois Controlled Substances Act, or the
25    Methamphetamine Control and Community Protection Act,
26    unless prescribed by a physician, and shall submit samples

 

 

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1    of his or her blood or urine or both for tests to determine
2    the presence of any illicit drug; or
3        (u) comply with other conditions as may be ordered by
4    the court.
5    (3) The court may as a condition of probation or of
6conditional discharge require that a minor found guilty on any
7alcohol, cannabis, methamphetamine, or controlled substance
8violation, refrain from acquiring a driver's license during the
9period of probation or conditional discharge. If the minor is
10in possession of a permit or license, the court may require
11that the minor refrain from driving or operating any motor
12vehicle during the period of probation or conditional
13discharge, except as may be necessary in the course of the
14minor's lawful employment.
15    (3.5) The court shall, as a condition of probation or of
16conditional discharge, require that a minor found to be guilty
17and placed on probation for reasons that include a violation of
18Section 3.02 or Section 3.03 of the Humane Care for Animals Act
19or paragraph (4) of subsection (a) of Section 21-1 of the
20Criminal Code of 2012 undergo medical or psychiatric treatment
21rendered by a psychiatrist or psychological treatment rendered
22by a clinical psychologist. The condition may be in addition to
23any other condition.
24    (3.10) The court shall order that a minor placed on
25probation or conditional discharge for a sex offense as defined
26in the Sex Offender Management Board Act undergo and

 

 

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1successfully complete sex offender treatment. The treatment
2shall be in conformance with the standards developed under the
3Sex Offender Management Board Act and conducted by a treatment
4provider approved by the Board. The treatment shall be at the
5expense of the person evaluated based upon that person's
6ability to pay for the treatment.
7    (4) A minor on probation or conditional discharge shall be
8given a certificate setting forth the conditions upon which he
9or she is being released.
10    (5) The court shall impose upon a minor placed on probation
11or conditional discharge, as a condition of the probation or
12conditional discharge, a fee of $50 for each month of probation
13or conditional discharge supervision ordered by the court,
14unless after determining the inability of the minor placed on
15probation or conditional discharge to pay the fee, the court
16assesses a lesser amount. The court may not impose the fee on a
17minor who is made a ward of the State under this Act while the
18minor is in placement. The fee shall be imposed only upon a
19minor who is actively supervised by the probation and court
20services department. The court may order the parent, guardian,
21or legal custodian of the minor to pay some or all of the fee on
22the minor's behalf.
23    (5.5) Jurisdiction over an offender may be transferred from
24the sentencing court to the court of another circuit with the
25concurrence of both courts. Further transfers or retransfers of
26jurisdiction are also authorized in the same manner. The court

 

 

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1to which jurisdiction has been transferred shall have the same
2powers as the sentencing court. The probation department within
3the circuit to which jurisdiction has been transferred, or
4which has agreed to provide supervision, may impose probation
5fees upon receiving the transferred offender, as provided in
6subsection (i) of Section 5-6-3 of the Unified Code of
7Corrections. For all transfer cases, as defined in Section 9b
8of the Probation and Probation Officers Act, the probation
9department from the original sentencing court shall retain all
10probation fees collected prior to the transfer. After the
11transfer, all probation fees shall be paid to the probation
12department within the circuit to which jurisdiction has been
13transferred.
14    If the transfer case originated in another state and has
15been transferred under the Interstate Compact for Juveniles to
16the jurisdiction of an Illinois circuit court for supervision
17by an Illinois probation department, probation fees may be
18imposed only if permitted by the Interstate Commission for
19Juveniles.
20    (6) The General Assembly finds that in order to protect the
21public, the juvenile justice system must compel compliance with
22the conditions of probation by responding to violations with
23swift, certain, and fair punishments and intermediate
24sanctions. The Chief Judge of each circuit shall adopt a system
25of structured, intermediate sanctions for violations of the
26terms and conditions of a sentence of supervision, probation or

 

 

09900HB6291ham001- 21 -LRB099 19347 SLF 47745 a

1conditional discharge, under this Act.
2    The court shall provide as a condition of a disposition of
3probation, conditional discharge, or supervision, that the
4probation agency may invoke any sanction from the list of
5intermediate sanctions adopted by the chief judge of the
6circuit court for violations of the terms and conditions of the
7sentence of probation, conditional discharge, or supervision,
8subject to the provisions of Section 5-720 of this Act.
9(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
1098-575, eff. 1-1-14.)
 
11    Section 99. Effective date. This Act take shall take effect
12on January 1, 2017.".