Full Text of SB1560 99th General Assembly
SB1560enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 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 Sections 5-710 and 5-750 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 | 9 | | respect 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 | 17 | | delinquent for an offense which is
first degree murder, | 18 | | a Class X felony, or a forcible felony shall be placed | 19 | | on
probation;
| 20 | | (ii) placed in accordance with Section 5-740, with | 21 | | or without also being
put on probation or conditional | 22 | | discharge;
| 23 | | (iii) required to undergo a substance abuse |
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| 1 | | assessment conducted by a
licensed provider and | 2 | | participate in the indicated clinical level of care;
| 3 | | (iv) on and after the effective date of this | 4 | | amendatory Act of the 98th General Assembly and before | 5 | | January 1, 2017, placed in the guardianship of the | 6 | | Department of Children and Family
Services, but only if | 7 | | the delinquent minor is under 16 years of age or, | 8 | | pursuant to Article II of this Act, a minor for whom an | 9 | | independent basis of abuse, neglect, or dependency | 10 | | exists. On and after January 1, 2017, placed in the | 11 | | guardianship of the Department of Children and Family
| 12 | | Services, but only if the delinquent minor is under 15 | 13 | | years of age or, pursuant to Article II of this Act, a | 14 | | minor for whom an independent basis of abuse, neglect, | 15 | | or dependency exists. An independent basis exists when | 16 | | the allegations or adjudication of abuse, neglect, or | 17 | | dependency do not arise from the same facts, incident, | 18 | | or circumstances which give rise to a charge or | 19 | | adjudication of delinquency;
| 20 | | (v) placed in detention for a period not to exceed | 21 | | 30 days, either as
the
exclusive order of disposition | 22 | | or, where appropriate, in conjunction with any
other | 23 | | order of disposition issued under this paragraph, | 24 | | provided that any such
detention shall be in a juvenile | 25 | | detention home and the minor so detained shall
be 10 | 26 | | years of age or older. However, the 30-day limitation |
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| 1 | | may be extended by
further order of the court for a | 2 | | minor under age 15 committed to the Department
of | 3 | | Children and Family Services if the court finds that | 4 | | the minor is a danger
to himself or others. The minor | 5 | | shall be given credit on the sentencing order
of | 6 | | detention for time spent in detention under Sections | 7 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 8 | | result of the offense for which the sentencing order | 9 | | was imposed.
The court may grant credit on a sentencing | 10 | | order of detention entered under a
violation of | 11 | | probation or violation of conditional discharge under | 12 | | Section
5-720 of this Article for time spent in | 13 | | detention before the filing of the
petition
alleging | 14 | | the violation. A minor shall not be deprived of credit | 15 | | for time spent
in detention before the filing of a | 16 | | violation of probation or conditional
discharge | 17 | | alleging the same or related act or acts. The | 18 | | limitation that the minor shall only be placed in a | 19 | | juvenile detention home does not apply as follows: | 20 | | Persons 18 years of age and older who have a | 21 | | petition of delinquency filed against them may be | 22 | | confined in an adult detention facility. In making a | 23 | | determination whether to confine a person 18 years of | 24 | | age or older who has a petition of delinquency filed | 25 | | against the person, these factors, among other | 26 | | matters, shall be considered: |
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| 1 | | (A) the age of the person; | 2 | | (B) any previous delinquent or criminal | 3 | | history of the person; | 4 | | (C) any previous abuse or neglect history of | 5 | | the person; | 6 | | (D) any mental health history of the person; | 7 | | and | 8 | | (E) any educational history of the person;
| 9 | | (vi) ordered partially or completely emancipated | 10 | | in accordance with the
provisions of the Emancipation | 11 | | of Minors Act;
| 12 | | (vii) subject to having his or her driver's license | 13 | | or driving
privileges
suspended for such time as | 14 | | determined by the court but only until he or she
| 15 | | attains 18 years of age;
| 16 | | (viii) put on probation or conditional discharge | 17 | | and placed in detention
under Section 3-6039 of the | 18 | | Counties Code for a period not to exceed the period
of | 19 | | incarceration permitted by law for adults found guilty | 20 | | of the same offense
or offenses for which the minor was | 21 | | adjudicated delinquent, and in any event no
longer than | 22 | | upon attainment of age 21; this subdivision (viii) | 23 | | notwithstanding
any contrary provision of the law;
| 24 | | (ix) ordered to undergo a medical or other | 25 | | procedure to have a tattoo
symbolizing allegiance to a | 26 | | street gang removed from his or her body; or |
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| 1 | | (x) placed in electronic home detention under Part | 2 | | 7A of this Article.
| 3 | | (b) A minor found to be guilty may be committed to the | 4 | | Department of
Juvenile Justice under Section 5-750 if the | 5 | | minor is at least 13 years and under 20 years of age or
| 6 | | older ,
provided that the commitment to the Department of | 7 | | Juvenile Justice shall be made only if a term of | 8 | | imprisonment in the penitentiary system of the Department | 9 | | of Corrections incarceration is permitted by law for
adults | 10 | | found guilty of the offense for which the minor was | 11 | | adjudicated
delinquent. The court shall include in the | 12 | | sentencing order any pre-custody credits the minor is | 13 | | entitled to under Section 5-4.5-100 of the Unified Code of | 14 | | Corrections. The time during which a minor is in custody | 15 | | before being released
upon the request of a parent, | 16 | | guardian or legal custodian shall also be considered
as | 17 | | time spent in custody detention .
| 18 | | (c) When a minor is found to be guilty for an offense | 19 | | which is a violation
of the Illinois Controlled Substances | 20 | | Act, the Cannabis Control Act, or the Methamphetamine | 21 | | Control and Community Protection Act and made
a ward of the | 22 | | court, the court may enter a disposition order requiring | 23 | | the
minor to undergo assessment,
counseling or treatment in | 24 | | a substance abuse program approved by the Department
of | 25 | | Human Services.
| 26 | | (2) Any sentencing order other than commitment to the |
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| 1 | | Department of
Juvenile Justice may provide for protective | 2 | | supervision under
Section 5-725 and may include an order of | 3 | | protection under Section 5-730.
| 4 | | (3) Unless the sentencing order expressly so provides, it | 5 | | does not operate
to close proceedings on the pending petition, | 6 | | but is subject to modification
until final closing and | 7 | | discharge of the proceedings under Section 5-750.
| 8 | | (4) In addition to any other sentence, the court may order | 9 | | any
minor
found to be delinquent to make restitution, in | 10 | | monetary or non-monetary form,
under the terms and conditions | 11 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 12 | | that the "presentencing hearing" referred to in that
Section
| 13 | | shall be
the sentencing hearing for purposes of this Section. | 14 | | The parent, guardian or
legal custodian of the minor may be | 15 | | ordered by the court to pay some or all of
the restitution on | 16 | | the minor's behalf, pursuant to the Parental Responsibility
| 17 | | Law. The State's Attorney is authorized to act
on behalf of any | 18 | | victim in seeking restitution in proceedings under this
| 19 | | Section, up to the maximum amount allowed in Section 5 of the | 20 | | Parental
Responsibility Law.
| 21 | | (5) Any sentencing order where the minor is committed or | 22 | | placed in
accordance
with Section 5-740 shall provide for the | 23 | | parents or guardian of the estate of
the minor to pay to the | 24 | | legal custodian or guardian of the person of the minor
such | 25 | | sums as are determined by the custodian or guardian of the | 26 | | person of the
minor as necessary for the minor's needs. The |
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| 1 | | payments may not exceed the
maximum amounts provided for by | 2 | | Section 9.1 of the Children and Family Services
Act.
| 3 | | (6) Whenever the sentencing order requires the minor to | 4 | | attend school or
participate in a program of training, the | 5 | | truant officer or designated school
official shall regularly | 6 | | report to the court if the minor is a chronic or
habitual | 7 | | truant under Section 26-2a of the School Code. Notwithstanding | 8 | | any other provision of this Act, in instances in which | 9 | | educational services are to be provided to a minor in a | 10 | | residential facility where the minor has been placed by the | 11 | | court, costs incurred in the provision of those educational | 12 | | services must be allocated based on the requirements of the | 13 | | School Code.
| 14 | | (7) In no event shall a guilty minor be committed to the | 15 | | Department of
Juvenile Justice for a period of time in
excess | 16 | | of
that period for which an adult could be committed for the | 17 | | same act. The court shall include in the sentencing order a | 18 | | limitation on the period of confinement not to exceed the | 19 | | maximum period of imprisonment the court could impose under | 20 | | Article V of the Unified Code of Corrections.
| 21 | | (7.5) In no event shall a guilty minor be committed to the | 22 | | Department of Juvenile Justice or placed in detention when the | 23 | | act for which the minor was adjudicated delinquent would not be | 24 | | illegal if committed by an adult. | 25 | | (8) A minor found to be guilty for reasons that include a | 26 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012 shall be ordered to perform
community | 2 | | service for not less than 30 and not more than 120 hours, if
| 3 | | community service is available in the jurisdiction. The | 4 | | community service
shall include, but need not be limited to, | 5 | | the cleanup and repair of the damage
that was caused by the | 6 | | violation or similar damage to property located in the
| 7 | | municipality or county in which the violation occurred. The | 8 | | order may be in
addition to any other order authorized by this | 9 | | Section.
| 10 | | (8.5) A minor found to be guilty for reasons that include a | 11 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 12 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 13 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 14 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 15 | | shall be ordered to undergo medical or psychiatric treatment | 16 | | rendered by
a
psychiatrist or psychological treatment rendered | 17 | | by a clinical psychologist.
The order
may be in addition to any | 18 | | other order authorized by this Section.
| 19 | | (9) In addition to any other sentencing order, the court | 20 | | shall order any
minor found
to be guilty for an act which would | 21 | | constitute, predatory criminal sexual
assault of a child, | 22 | | aggravated criminal sexual assault, criminal sexual
assault, | 23 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 24 | | committed by an
adult to undergo medical testing to determine | 25 | | whether the defendant has any
sexually transmissible disease | 26 | | including a test for infection with human
immunodeficiency |
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| 1 | | virus (HIV) or any other identified causative agency of
| 2 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 3 | | shall be performed
only by appropriately licensed medical | 4 | | practitioners and may include an
analysis of any bodily fluids | 5 | | as well as an examination of the minor's person.
Except as | 6 | | otherwise provided by law, the results of the test shall be | 7 | | kept
strictly confidential by all medical personnel involved in | 8 | | the testing and must
be personally delivered in a sealed | 9 | | envelope to the judge of the court in which
the sentencing | 10 | | order was entered for the judge's inspection in camera. Acting
| 11 | | in accordance with the best interests of the victim and the | 12 | | public, the judge
shall have the discretion to determine to | 13 | | whom the results of the testing may
be revealed. The court | 14 | | shall notify the minor of the results of the test for
infection | 15 | | with the human immunodeficiency virus (HIV). The court shall | 16 | | also
notify the victim if requested by the victim, and if the | 17 | | victim is under the
age of 15 and if requested by the victim's | 18 | | parents or legal guardian, the court
shall notify the victim's | 19 | | parents or the legal guardian, of the results of the
test for | 20 | | infection with the human immunodeficiency virus (HIV). The | 21 | | court
shall provide information on the availability of HIV | 22 | | testing and counseling at
the Department of Public Health | 23 | | facilities to all parties to whom the
results of the testing | 24 | | are revealed. The court shall order that the cost of
any test | 25 | | shall be paid by the county and may be taxed as costs against | 26 | | the
minor.
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| 1 | | (10) When a court finds a minor to be guilty the court | 2 | | shall, before
entering a sentencing order under this Section, | 3 | | make a finding whether the
offense committed either: (a) was | 4 | | related to or in furtherance of the criminal
activities of an | 5 | | organized gang or was motivated by the minor's membership in
or | 6 | | allegiance to an organized gang, or (b) involved a violation of
| 7 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 8 | | or the Criminal Code of 2012, a violation of
any
Section of | 9 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 10 | | 2012, or a violation of any
statute that involved the wrongful | 11 | | use of a firearm. If the court determines
the question in the | 12 | | affirmative,
and the court does not commit the minor to the | 13 | | Department of Juvenile Justice, the court shall order the minor | 14 | | to perform community service
for not less than 30 hours nor | 15 | | more than 120 hours, provided that community
service is | 16 | | available in the jurisdiction and is funded and approved by the
| 17 | | county board of the county where the offense was committed. The | 18 | | community
service shall include, but need not be limited to, | 19 | | the cleanup and repair of
any damage caused by a violation of | 20 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 21 | | Code of 2012
and similar damage to property located in the | 22 | | municipality or county in which
the violation occurred. When | 23 | | possible and reasonable, the community service
shall be | 24 | | performed in the minor's neighborhood. This order shall be in
| 25 | | addition to any other order authorized by this Section
except | 26 | | for an order to place the minor in the custody of the |
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| 1 | | Department of
Juvenile Justice. For the purposes of this | 2 | | Section, "organized
gang" has the meaning ascribed to it in | 3 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 4 | | Prevention Act.
| 5 | | (11) If the court determines that the offense was committed | 6 | | in furtherance of the criminal activities of an organized gang, | 7 | | as provided in subsection (10), and that the offense involved | 8 | | the operation or use of a motor vehicle or the use of a | 9 | | driver's license or permit, the court shall notify the | 10 | | Secretary of State of that determination and of the period for | 11 | | which the minor shall be denied driving privileges. If, at the | 12 | | time of the determination, the minor does not hold a driver's | 13 | | license or permit, the court shall provide that the minor shall | 14 | | not be issued a driver's license or permit until his or her | 15 | | 18th birthday. If the minor holds a driver's license or permit | 16 | | at the time of the determination, the court shall provide that | 17 | | the minor's driver's license or permit shall be revoked until | 18 | | his or her 21st birthday, or until a later date or occurrence | 19 | | determined by the court. If the minor holds a driver's license | 20 | | at the time of the determination, the court may direct the | 21 | | Secretary of State to issue the minor a judicial driving | 22 | | permit, also known as a JDP. The JDP shall be subject to the | 23 | | same terms as a JDP issued under Section 6-206.1 of the | 24 | | Illinois Vehicle Code, except that the court may direct that | 25 | | the JDP be effective immediately.
| 26 | | (12) If a minor is found to be guilty of a violation of
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| 1 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 2 | | by Minors Act, the
court may, in its discretion, and upon
| 3 | | recommendation by the State's Attorney, order that minor and | 4 | | his or her parents
or legal
guardian to attend a smoker's | 5 | | education or youth diversion program as defined
in that Act if | 6 | | that
program is available in the jurisdiction where the | 7 | | offender resides.
Attendance at a smoker's education or youth | 8 | | diversion program
shall be time-credited against any community | 9 | | service time imposed for any
first violation of subsection | 10 | | (a-7) of Section 1 of that Act. In addition to any
other
| 11 | | penalty
that the court may impose for a violation of subsection | 12 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 13 | | State's Attorney, may in its discretion
require
the offender to | 14 | | remit a fee for his or her attendance at a smoker's
education | 15 | | or
youth diversion program.
| 16 | | For purposes of this Section, "smoker's education program" | 17 | | or "youth
diversion program" includes, but is not limited to, a | 18 | | seminar designed to
educate a person on the physical and | 19 | | psychological effects of smoking tobacco
products and the | 20 | | health consequences of smoking tobacco products that can be
| 21 | | conducted with a locality's youth diversion program.
| 22 | | In addition to any other penalty that the court may impose | 23 | | under this
subsection
(12):
| 24 | | (a) If a minor violates subsection (a-7) of Section 1 | 25 | | of the Prevention of
Tobacco Use by Minors Act, the court | 26 | | may
impose a sentence of 15 hours of
community service or a |
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| 1 | | fine of $25 for a first violation.
| 2 | | (b) A second violation by a minor of subsection (a-7) | 3 | | of Section 1 of that Act
that occurs
within 12 months after | 4 | | the first violation is punishable by a fine of $50 and
25
| 5 | | hours of community service.
| 6 | | (c) A third or subsequent violation by a minor of | 7 | | subsection (a-7) of Section
1 of that Act
that
occurs | 8 | | within 12 months after the first violation is punishable by | 9 | | a $100
fine
and 30 hours of community service.
| 10 | | (d) Any second or subsequent violation not within the | 11 | | 12-month time period
after the first violation is | 12 | | punishable as provided for a first violation.
| 13 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13; | 14 | | 98-803, eff. 1-1-15 .)
| 15 | | (705 ILCS 405/5-750)
| 16 | | Sec. 5-750. Commitment to the Department of Juvenile | 17 | | Justice. | 18 | | (1) Except as provided in subsection (2) of this Section, | 19 | | when any
delinquent has been adjudged a ward of the court under | 20 | | this Act, the court may
commit him or her to the Department of | 21 | | Juvenile Justice, if it
finds
that (a) his or her parents, | 22 | | guardian or legal custodian are unfit or are
unable, for
some | 23 | | reason other than financial circumstances alone, to care for, | 24 | | protect,
train or discipline the minor, or are unwilling to do | 25 | | so,
and the best interests of the minor and
the public will not |
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| 1 | | be served by placement under Section 5-740,
or it is
necessary | 2 | | to ensure the protection of the public from the consequences of
| 3 | | criminal activity of the delinquent; and (b)
commitment to the | 4 | | Department of Juvenile Justice is the least
restrictive | 5 | | alternative based on evidence that efforts were
made to locate | 6 | | less restrictive alternatives to secure
confinement and the | 7 | | reasons why efforts were unsuccessful in
locating a less | 8 | | restrictive alternative to secure confinement. Before the | 9 | | court commits a minor to the Department of Juvenile Justice, it | 10 | | shall make a finding that secure confinement is necessary,
| 11 | | following a review of the following individualized factors: | 12 | | (A) Age of the minor. | 13 | | (B) Criminal background of the minor. | 14 | | (C) Review of results of any assessments of the minor,
| 15 | | including child centered assessments such as the CANS. | 16 | | (D) Educational background of the minor, indicating
| 17 | | whether the minor has ever been assessed for a learning
| 18 | | disability, and if so what services were provided as well | 19 | | as any disciplinary incidents at school. | 20 | | (E) Physical, mental and emotional health of the minor,
| 21 | | indicating whether the minor has ever been diagnosed with a
| 22 | | health issue and if so what services were provided and | 23 | | whether the minor was compliant with services. | 24 | | (F) Community based services that have been provided to
| 25 | | the minor, and whether the minor was compliant with the | 26 | | services, and the reason the services were unsuccessful. |
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| 1 | | (G) Services within the Department of Juvenile Justice
| 2 | | that will meet the individualized needs of the minor.
| 3 | | (1.5) Before the court commits a minor to the Department of | 4 | | Juvenile Justice, the court must find reasonable efforts have | 5 | | been made to prevent or eliminate the need for the minor to be | 6 | | removed from the home, or reasonable efforts cannot, at this | 7 | | time, for good cause, prevent or eliminate the need for | 8 | | removal, and removal from home is in the best interests of the | 9 | | minor, the minor's family, and the public. | 10 | | (2) When a minor of the age of at least 13 years is | 11 | | adjudged delinquent
for the offense of first degree murder, the | 12 | | court shall declare the minor a
ward of the court and order the | 13 | | minor committed to the Department of
Juvenile Justice until the | 14 | | minor's 21st birthday, without the
possibility of aftercare | 15 | | release, furlough, or non-emergency authorized absence for a
| 16 | | period of 5 years from the date the minor was committed to the | 17 | | Department of
Juvenile Justice, except that the time that a | 18 | | minor spent in custody for the instant
offense before being | 19 | | committed to the Department of Juvenile Justice shall be | 20 | | considered as time
credited towards that 5 year period. Upon | 21 | | release from a Department facility, a minor adjudged delinquent | 22 | | for first degree murder shall be placed on aftercare release | 23 | | until the age of 21, unless sooner discharged from aftercare | 24 | | release or custodianship is otherwise terminated in accordance | 25 | | with this Act or as otherwise provided for by law. Nothing in | 26 | | this subsection (2) shall
preclude the State's Attorney from |
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| 1 | | seeking to prosecute a minor as an adult as
an alternative to | 2 | | proceeding under this Act.
| 3 | | (3) Except as provided in subsection (2), the commitment of | 4 | | a
delinquent to the Department of Juvenile Justice shall be for | 5 | | an indeterminate term
which shall automatically terminate upon | 6 | | the delinquent attaining the age of 21
years or upon completion | 7 | | of that period for which an adult could be committed for the | 8 | | same act, whichever occurs sooner, unless the delinquent is | 9 | | sooner discharged from aftercare release or custodianship
is | 10 | | otherwise terminated in accordance with this Act or as | 11 | | otherwise provided
for by law.
| 12 | | (3.5) Every delinquent minor committed to the Department of | 13 | | Juvenile Justice under this Act shall be eligible for aftercare | 14 | | release without regard to the length of time the minor has been | 15 | | confined or whether the minor has served any minimum term | 16 | | imposed. Aftercare release shall be administered by the | 17 | | Department of Juvenile Justice, under the direction of the | 18 | | Director. Unless sooner discharged, the Department of Juvenile | 19 | | Justice shall discharge a minor from aftercare release upon | 20 | | completion of the following aftercare release terms: | 21 | | (a) One and a half years from the date a minor is | 22 | | released from a Department facility, if the minor was | 23 | | committed for a Class X felony; | 24 | | (b) One year from the date a minor is released from a | 25 | | Department facility, if the minor was committed for a Class | 26 | | 1 or 2 felony; and |
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| 1 | | (c) Six months from the date a minor is released from a | 2 | | Department facility, if the minor was committed for a Class | 3 | | 3 felony or lesser offense. | 4 | | (4) When the court commits a minor to the Department of | 5 | | Juvenile Justice, it
shall order him or her conveyed forthwith | 6 | | to the appropriate reception station
or
other place designated | 7 | | by the Department of Juvenile Justice, and shall appoint the
| 8 | | Director of Juvenile Justice legal custodian of the
minor. The | 9 | | clerk of the court shall issue to the
Director of Juvenile | 10 | | Justice a certified copy of the order,
which constitutes proof | 11 | | of the Director's authority. No other process need
issue to
| 12 | | warrant the keeping of the minor.
| 13 | | (5) If a minor is committed to the Department of Juvenile | 14 | | Justice, the clerk of the court shall forward to the | 15 | | Department:
| 16 | | (a) the sentencing order disposition ordered ;
| 17 | | (b) all reports;
| 18 | | (c) the court's statement of the basis for ordering the | 19 | | disposition; and
| 20 | | (d) any sex offender evaluations; | 21 | | (e) any risk assessment or substance abuse treatment | 22 | | eligibility screening and assessment of the minor by an | 23 | | agent designated by the State to provide assessment | 24 | | services for the courts; | 25 | | (f) the number of days, if any, which the minor has | 26 | | been in custody and for which he or she is entitled to |
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| 1 | | credit against the sentence, which information shall be | 2 | | provided to the clerk by the sheriff; | 3 | | (g) any medical or mental health records or summaries | 4 | | of the minor; | 5 | | (h) the municipality where the arrest of the minor | 6 | | occurred, the commission of the offense occurred, and the | 7 | | minor resided at the time of commission; and | 8 | | (i) all additional matters which the court directs the | 9 | | clerk to transmit.
| 10 | | (6) Whenever the Department of Juvenile Justice lawfully | 11 | | discharges from its
custody and
control a minor committed to | 12 | | it, the Director of Juvenile Justice shall petition the court | 13 | | for an order terminating his or her
custodianship. The | 14 | | custodianship shall terminate automatically 30 days after
| 15 | | receipt of the petition unless the court orders otherwise.
| 16 | | (7) If, while on aftercare release, a minor committed to | 17 | | the Department of Juvenile Justice is charged under the | 18 | | criminal laws of this State with an offense that could result | 19 | | in a sentence of imprisonment within the Department of | 20 | | Corrections, the commitment to the Department of Juvenile | 21 | | Justice and all rights and duties created by that commitment | 22 | | are automatically suspended pending final disposition of the | 23 | | criminal charge. If the minor is found guilty of the criminal | 24 | | charge and sentenced to a term of imprisonment in the | 25 | | penitentiary system of the Department of Corrections, the | 26 | | commitment to the Department of Juvenile Justice shall be |
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| 1 | | automatically terminated. If the criminal charge is dismissed, | 2 | | the minor is found not guilty, or the minor completes a | 3 | | criminal sentence other than imprisonment within the | 4 | | Department of Corrections, the previously imposed commitment | 5 | | to the Department of Juvenile Justice and the full aftercare | 6 | | release term shall be automatically reinstated unless | 7 | | custodianship is sooner terminated. Nothing in this subsection | 8 | | (7) shall preclude the court from ordering another sentence | 9 | | under Section 5-710 of this Act or from terminating the | 10 | | Department's custodianship while the commitment to the | 11 | | Department is suspended. | 12 | | (Source: P.A. 97-362, eff. 1-1-12; 98-558, eff. 1-1-14.)
| 13 | | Section 10. The Unified Code of Corrections is amended by | 14 | | changing Sections 3-2.5-80, 3-3-5, 3-3-8, and 3-3-10 as | 15 | | follows: | 16 | | (730 ILCS 5/3-2.5-80) | 17 | | Sec. 3-2.5-80. Supervision on Aftercare Release. | 18 | | (a) The Department shall retain custody of all youth placed | 19 | | on aftercare release or released under Section 3-3-10 of this | 20 | | Code. The Department shall supervise those youth during their | 21 | | aftercare release period in accordance with the conditions set | 22 | | by the Prisoner Review Board. | 23 | | (b) A copy of youth's conditions of aftercare release shall | 24 | | be signed by the youth and given to the youth and to his or her |
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| 1 | | aftercare specialist who shall report on the youth's progress | 2 | | under the rules of the Prisoner Review Board. Aftercare | 3 | | specialists and supervisors shall have the full power of peace | 4 | | officers in the retaking of any releasee who has allegedly | 5 | | violated his or her aftercare release conditions. The aftercare | 6 | | specialist may shall request the Department of Juvenile Justice | 7 | | to issue a warrant for the arrest of any releasee who has | 8 | | allegedly violated his or her aftercare release conditions. | 9 | | (c) The aftercare supervisor shall request the Department | 10 | | of Juvenile Justice to issue an aftercare release violation | 11 | | warrant, and the Department of Juvenile Justice shall issue an | 12 | | aftercare release violation warrant, under the following | 13 | | circumstances: | 14 | | (1) if the releasee has a subsequent delinquency | 15 | | petition filed against him or her alleging commission of | 16 | | commits an act that constitutes a felony using a firearm or | 17 | | knife; | 18 | | (2) if the releasee is required to and fails to comply | 19 | | with the requirements of the Sex Offender Registration Act; | 20 | | (3) (blank); or if the releasee is charged with: | 21 | | (A) a felony offense of domestic battery under | 22 | | Section 12-3.2 of the Criminal Code of 2012; | 23 | | (B) aggravated domestic battery under Section | 24 | | 12-3.3 of the Criminal Code of 2012; | 25 | | (C) stalking under Section 12-7.3 of the Criminal | 26 | | Code of 2012; |
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| 1 | | (D) aggravated stalking under Section 12-7.4 of | 2 | | the Criminal Code of 2012; | 3 | | (E) violation of an order of protection under | 4 | | Section 12-3.4 of the Criminal Code of 2012; or | 5 | | (F) any offense that would require registration as | 6 | | a sex offender under the Sex Offender Registration Act; | 7 | | or | 8 | | (4) if the releasee is on aftercare release for a | 9 | | murder, a Class X felony or a Class 1 felony violation of | 10 | | the Criminal Code of 2012, or any felony that requires | 11 | | registration as a sex offender under the Sex Offender | 12 | | Registration Act and a subsequent delinquency petition is | 13 | | filed against him or her alleging commission of commits an | 14 | | act that constitutes first degree murder, a Class X felony, | 15 | | a Class 1 felony, a Class 2 felony, or a Class 3 felony. | 16 | | Personnel designated by the Department of Juvenile | 17 | | Justice or another peace officer may detain an alleged | 18 | | aftercare release violator until a warrant for his or her | 19 | | return to the Department of Juvenile Justice can be issued. | 20 | | The releasee may be delivered to any secure place until he | 21 | | or she can be transported to the Department of Juvenile | 22 | | Justice. The aftercare specialist or the Department of | 23 | | Juvenile Justice shall file a violation report with notice | 24 | | of charges with the Prisoner Review Board. | 25 | | (d) The aftercare specialist shall regularly advise and | 26 | | consult with the releasee and assist the youth in adjusting to |
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| 1 | | community life in accord with this Section. | 2 | | (e) If the aftercare releasee has been convicted of a sex | 3 | | offense as defined in the Sex Offender Management Board Act, | 4 | | the aftercare specialist shall periodically, but not less than | 5 | | once a month, verify that the releasee is in compliance with | 6 | | paragraph (7.6) of subsection (a) of Section 3-3-7. | 7 | | (f) The aftercare specialist shall keep those records as | 8 | | the Prisoner Review Board or Department may require. All | 9 | | records shall be entered in the master file of the youth.
| 10 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 11 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 12 | | Sec. 3-3-5. Hearing and Determination.
| 13 | | (a) The Prisoner
Review Board shall meet as often as need | 14 | | requires to consider
the cases of persons eligible for parole | 15 | | and aftercare release. Except as otherwise
provided in | 16 | | paragraph (2) of subsection (a) of Section 3-3-2
of this Act, | 17 | | the Prisoner Review Board may meet and
order its actions in | 18 | | panels of 3 or more members. The action
of a majority of the | 19 | | panel shall be the action of the Board.
In consideration of | 20 | | persons committed to the Department of Juvenile Justice,
the | 21 | | panel shall have at least a majority of members experienced
in | 22 | | juvenile matters.
| 23 | | (b) If the person under consideration for parole or | 24 | | aftercare release is in the
custody of the Department, at least | 25 | | one member of the Board
shall interview him or her, and a |
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| 1 | | report of that interview shall be
available for the Board's | 2 | | consideration. However, in the
discretion of the Board, the | 3 | | interview need not be conducted
if a psychiatric examination | 4 | | determines that the person could
not meaningfully contribute to | 5 | | the Board's consideration. The
Board may in its discretion | 6 | | parole or release on aftercare a person who is then outside
the | 7 | | jurisdiction on his or her record without an interview. The | 8 | | Board
need not hold a hearing or interview a person who is | 9 | | paroled or released on aftercare
under paragraphs (d) or (e) of | 10 | | this Section or released on
Mandatory release under Section | 11 | | 3-3-10.
| 12 | | (c) The Board shall not parole or release a person eligible | 13 | | for
parole or aftercare release if it determines that:
| 14 | | (1) there is a substantial risk that he or she will not
| 15 | | conform to reasonable conditions of parole or aftercare | 16 | | release; or
| 17 | | (2) his or her release at that time would deprecate the
| 18 | | seriousness of his or her offense or promote disrespect for | 19 | | the law; or
| 20 | | (3) his or her release would have a substantially | 21 | | adverse
effect on institutional discipline.
| 22 | | (d) A person committed under the Juvenile Court Act
or the | 23 | | Juvenile Court Act of 1987
who has not been sooner released | 24 | | shall be released on aftercare on or before
his or her 20th | 25 | | birthday or upon completion of the maximum term of confinement | 26 | | ordered by the court under Section 5-710 of the Juvenile Court |
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| 1 | | Act of 1987, whichever is sooner, to begin serving a period of | 2 | | aftercare release under
Section 3-3-8.
| 3 | | (e) A person who has served the maximum term of
| 4 | | imprisonment imposed at the time of sentencing less time
credit | 5 | | for good behavior shall be released on parole to
serve a period | 6 | | of parole under Section 5-8-1.
| 7 | | (f) The Board shall render its decision within a
reasonable | 8 | | time after hearing and shall state the basis
therefor both in | 9 | | the records of the Board and in written
notice to the person on | 10 | | whose application it has acted.
In its decision, the Board | 11 | | shall set the person's time
for parole or aftercare release, or | 12 | | if it denies parole or aftercare release it shall provide for
a | 13 | | rehearing not less frequently than once every
year, except that | 14 | | the Board may,
after denying parole,
schedule a rehearing no | 15 | | later than 5 years from the date of the parole
denial, if the | 16 | | Board finds that it is not reasonable to expect that parole
| 17 | | would be granted at a hearing prior to the scheduled rehearing | 18 | | date. If the
Board shall parole or release a person, and, if he | 19 | | or she is not released within 90 days from
the effective date | 20 | | of the order granting parole or aftercare release, the matter | 21 | | shall be
returned to the Board for review.
| 22 | | (f-1) If the Board paroles or releases a person who is | 23 | | eligible for commitment as a sexually violent person, the | 24 | | effective date of the Board's order shall be stayed for 90 days | 25 | | for the purpose of evaluation and proceedings under the | 26 | | Sexually Violent Persons Commitment Act. |
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| 1 | | (g) The Board shall maintain a registry of decisions in | 2 | | which parole
has been granted, which shall include the name and | 3 | | case number of the
prisoner, the highest charge for which the | 4 | | prisoner was sentenced, the
length of sentence imposed, the | 5 | | date of the sentence, the date of the
parole, and the basis for | 6 | | the decision of the Board to grant parole and the
vote of the | 7 | | Board on any such decisions. The registry shall be made | 8 | | available
for public inspection and copying during business | 9 | | hours and shall be a public
record pursuant to the provisions | 10 | | of the Freedom of Information Act.
| 11 | | (h) The Board shall promulgate rules regarding the exercise
| 12 | | of its discretion under this Section.
| 13 | | (Source: P.A. 97-522, eff. 1-1-12; 97-1075, eff. 8-24-12; | 14 | | 98-558, eff. 1-1-14.)
| 15 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 16 | | Sec. 3-3-8. Length of parole, aftercare release, and | 17 | | mandatory supervised
release; discharge.) | 18 | | (a) The length of parole
for a person sentenced under the | 19 | | law in effect prior to
the effective date of this amendatory | 20 | | Act of 1977 and the
length of mandatory supervised release for | 21 | | those sentenced
under the law in effect on and after such | 22 | | effective date
shall be as set out in Section 5-8-1 unless | 23 | | sooner terminated
under paragraph (b) of this Section. The | 24 | | aftercare release period
of a juvenile committed to the | 25 | | Department under the Juvenile
Court Act or the Juvenile Court |
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| 1 | | Act of 1987 shall be as set out in Section 5-750 of the | 2 | | Juvenile Court Act of 1987 extend until he or she is 21
years | 3 | | of age unless sooner terminated under paragraph (b) of this | 4 | | Section or under the Juvenile Court Act of 1987 .
| 5 | | (b) The Prisoner Review Board may enter an order
releasing | 6 | | and discharging one from parole, aftercare release, or | 7 | | mandatory
supervised release, and his or her commitment to the | 8 | | Department,
when it determines that he or she is likely to | 9 | | remain at liberty
without committing another offense.
| 10 | | (b-1) Provided that the subject is in compliance with the | 11 | | terms and conditions of his or her parole, aftercare release, | 12 | | or mandatory supervised release, the Prisoner Review Board may | 13 | | reduce the period of a parolee or releasee's parole, aftercare | 14 | | release, or mandatory supervised release by 90 days upon the | 15 | | parolee or releasee receiving a high school diploma or upon | 16 | | passage of high school equivalency testing during the period of | 17 | | his or her parole, aftercare release, or mandatory supervised | 18 | | release. This reduction in the period of a subject's term of | 19 | | parole, aftercare release, or mandatory supervised release | 20 | | shall be available only to subjects who have not previously | 21 | | earned a high school diploma or who have not previously passed | 22 | | high school equivalency testing. | 23 | | (c) The order of discharge shall become effective upon | 24 | | entry of the
order of the Board. The Board shall notify the | 25 | | clerk of the committing
court of the order. Upon receipt of | 26 | | such copy, the clerk shall make an
entry on the record judgment |
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| 1 | | that the sentence or commitment has been
satisfied pursuant to | 2 | | the order.
| 3 | | (d) Rights of the person discharged under this
Section | 4 | | shall be restored under Section 5-5-5. This Section is subject | 5 | | to
Section 5-750 of the Juvenile Court Act of 1987.
| 6 | | (Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14; 98-718, | 7 | | eff. 1-1-15 .)
| 8 | | (730 ILCS 5/3-3-10) (from Ch. 38, par. 1003-3-10)
| 9 | | Sec. 3-3-10. Eligibility after Revocation; Release under
| 10 | | Supervision.
| 11 | | (a) A person whose parole, aftercare release, or mandatory | 12 | | supervised release
has been revoked may be reparoled or | 13 | | rereleased by the
Board at any time to the full parole, | 14 | | aftercare release, or mandatory supervised
release term under | 15 | | Section 3-3-8, except that the time which
the person shall | 16 | | remain subject to the Board shall not exceed
(1) the imposed | 17 | | maximum term of imprisonment or confinement
and the parole term | 18 | | for those sentenced under the law in
effect prior to the | 19 | | effective date of this amendatory Act of
1977 or (2) the term | 20 | | of imprisonment imposed by the court and
the mandatory | 21 | | supervised release term for those sentenced
under the law in | 22 | | effect on and after such effective date.
| 23 | | (b) If the Board sets no earlier release date:
| 24 | | (1) A person sentenced for any violation of law which
| 25 | | occurred before January 1, 1973, shall be released under
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| 1 | | supervision 6 months prior to the expiration of his or her | 2 | | maximum
sentence of imprisonment less good time credit | 3 | | under Section
3-6-3.
| 4 | | (2) Any person who has violated the conditions of his | 5 | | or her
parole or aftercare release and been reconfined | 6 | | under Section 3-3-9 shall be
released under supervision 6 | 7 | | months prior to the expiration
of the term of his or her | 8 | | reconfinement under paragraph (a) of
Section 3-3-9 less | 9 | | good time credit under Section 3-6-3.
This paragraph shall | 10 | | not apply to persons serving terms of
mandatory supervised | 11 | | release or aftercare release .
| 12 | | (3) Nothing herein shall require the release of a | 13 | | person
who has violated his or her parole within 6 months | 14 | | of the date when
his or her release under this Section | 15 | | would otherwise be mandatory.
| 16 | | (c) Persons released under this Section shall be subject
to | 17 | | Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
| 18 | | 3-14-3, and
3-14-4.
| 19 | | (Source: P.A. 98-558, eff. 1-1-14.)
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