Illinois General Assembly - Full Text of SB1560
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Full Text of SB1560  99th General Assembly


Sen. Kwame Raoul

Filed: 3/13/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 1560 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 5-750 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
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 or
13    older, provided that the commitment to the Department of
14    Juvenile Justice shall be made only if a term of
15    imprisonment in the penitentiary system of the Department
16    of Corrections incarceration is permitted by law for adults
17    found guilty of the offense for which the minor was
18    adjudicated delinquent. The court shall include in the
19    sentencing order any pre-custody credits the minor is
20    entitled to under Section 5-4.5-100 of the Unified Code of
21    Corrections. The time during which a minor is in custody
22    before being released upon the request of a parent,
23    guardian or legal custodian shall also be considered as
24    time spent in custody detention.
25        (c) When a minor is found to be guilty for an offense
26    which is a violation of the Illinois Controlled Substances



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



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



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1Article V of the Unified Code of Corrections.
2    (7.5) In no event shall a guilty minor be committed to the
3Department of Juvenile Justice or placed in detention when the
4act for which the minor was adjudicated delinquent would not be
5illegal if committed by an adult.
6    (8) A minor found to be guilty for reasons that include a
7violation of Section 21-1.3 of the Criminal Code of 1961 or the
8Criminal Code of 2012 shall be ordered to perform community
9service for not less than 30 and not more than 120 hours, if
10community service is available in the jurisdiction. The
11community service shall include, but need not be limited to,
12the cleanup and repair of the damage that was caused by the
13violation or similar damage to property located in the
14municipality or county in which the violation occurred. The
15order may be in addition to any other order authorized by this
17    (8.5) A minor found to be guilty for reasons that include a
18violation of Section 3.02 or Section 3.03 of the Humane Care
19for Animals Act or paragraph (d) of subsection (1) of Section
2021-1 of the Criminal Code of 1961 or paragraph (4) of
21subsection (a) of Section 21-1 of the Criminal Code of 2012
22shall be ordered to undergo medical or psychiatric treatment
23rendered by a psychiatrist or psychological treatment rendered
24by a clinical psychologist. The order may be in addition to any
25other order authorized by this Section.
26    (9) In addition to any other sentencing order, the court



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



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1infection with the human immunodeficiency virus (HIV). The
2court shall provide information on the availability of HIV
3testing and counseling at the Department of Public Health
4facilities to all parties to whom the results of the testing
5are revealed. The court shall order that the cost of any test
6shall be paid by the county and may be taxed as costs against
7the minor.
8    (10) When a court finds a minor to be guilty the court
9shall, before entering a sentencing order under this Section,
10make a finding whether the offense committed either: (a) was
11related to or in furtherance of the criminal activities of an
12organized gang or was motivated by the minor's membership in or
13allegiance to an organized gang, or (b) involved a violation of
14subsection (a) of Section 12-7.1 of the Criminal Code of 1961
15or the Criminal Code of 2012, a violation of any Section of
16Article 24 of the Criminal Code of 1961 or the Criminal Code of
172012, or a violation of any statute that involved the wrongful
18use of a firearm. If the court determines the question in the
19affirmative, and the court does not commit the minor to the
20Department of Juvenile Justice, the court shall order the minor
21to perform community service for not less than 30 hours nor
22more than 120 hours, provided that community service is
23available in the jurisdiction and is funded and approved by the
24county board of the county where the offense was committed. The
25community service shall include, but need not be limited to,
26the cleanup and repair of any damage caused by a violation of



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1Section 21-1.3 of the Criminal Code of 1961 or the Criminal
2Code of 2012 and similar damage to property located in the
3municipality or county in which the violation occurred. When
4possible and reasonable, the community service shall be
5performed in the minor's neighborhood. This order shall be in
6addition to any other order authorized by this Section except
7for an order to place the minor in the custody of the
8Department of Juvenile Justice. For the purposes of this
9Section, "organized gang" has the meaning ascribed to it in
10Section 10 of the Illinois Streetgang Terrorism Omnibus
11Prevention Act.
12    (11) If the court determines that the offense was committed
13in furtherance of the criminal activities of an organized gang,
14as provided in subsection (10), and that the offense involved
15the operation or use of a motor vehicle or the use of a
16driver's license or permit, the court shall notify the
17Secretary of State of that determination and of the period for
18which the minor shall be denied driving privileges. If, at the
19time of the determination, the minor does not hold a driver's
20license or permit, the court shall provide that the minor shall
21not be issued a driver's license or permit until his or her
2218th birthday. If the minor holds a driver's license or permit
23at the time of the determination, the court shall provide that
24the minor's driver's license or permit shall be revoked until
25his or her 21st birthday, or until a later date or occurrence
26determined by the court. If the minor holds a driver's license



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1at the time of the determination, the court may direct the
2Secretary of State to issue the minor a judicial driving
3permit, also known as a JDP. The JDP shall be subject to the
4same terms as a JDP issued under Section 6-206.1 of the
5Illinois Vehicle Code, except that the court may direct that
6the JDP be effective immediately.
7    (12) If a minor is found to be guilty of a violation of
8subsection (a-7) of Section 1 of the Prevention of Tobacco Use
9by Minors Act, the court may, in its discretion, and upon
10recommendation by the State's Attorney, order that minor and
11his or her parents or legal guardian to attend a smoker's
12education or youth diversion program as defined in that Act if
13that program is available in the jurisdiction where the
14offender resides. Attendance at a smoker's education or youth
15diversion program shall be time-credited against any community
16service time imposed for any first violation of subsection
17(a-7) of Section 1 of that Act. In addition to any other
18penalty that the court may impose for a violation of subsection
19(a-7) of Section 1 of that Act, the court, upon request by the
20State's Attorney, may in its discretion require the offender to
21remit a fee for his or her attendance at a smoker's education
22or youth diversion program.
23    For purposes of this Section, "smoker's education program"
24or "youth diversion program" includes, but is not limited to, a
25seminar designed to educate a person on the physical and
26psychological effects of smoking tobacco products and the



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1health consequences of smoking tobacco products that can be
2conducted with a locality's youth diversion program.
3    In addition to any other penalty that the court may impose
4under this subsection (12):
5        (a) If a minor violates subsection (a-7) of Section 1
6    of the Prevention of Tobacco Use by Minors Act, the court
7    may impose a sentence of 15 hours of community service or a
8    fine of $25 for a first violation.
9        (b) A second violation by a minor of subsection (a-7)
10    of Section 1 of that Act that occurs within 12 months after
11    the first violation is punishable by a fine of $50 and 25
12    hours of community service.
13        (c) A third or subsequent violation by a minor of
14    subsection (a-7) of Section 1 of that Act that occurs
15    within 12 months after the first violation is punishable by
16    a $100 fine and 30 hours of community service.
17        (d) Any second or subsequent violation not within the
18    12-month time period after the first violation is
19    punishable as provided for a first violation.
20(Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13;
2198-803, eff. 1-1-15.)
22    (705 ILCS 405/5-750)
23    Sec. 5-750. Commitment to the Department of Juvenile
25    (1) Except as provided in subsection (2) of this Section,



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1when any delinquent has been adjudged a ward of the court under
2this Act, the court may commit him or her to the Department of
3Juvenile Justice, if it finds that (a) his or her parents,
4guardian or legal custodian are unfit or are unable, for some
5reason other than financial circumstances alone, to care for,
6protect, train or discipline the minor, or are unwilling to do
7so, and the best interests of the minor and the public will not
8be served by placement under Section 5-740, or it is necessary
9to ensure the protection of the public from the consequences of
10criminal activity of the delinquent; and (b) commitment to the
11Department of Juvenile Justice is the least restrictive
12alternative based on evidence that efforts were made to locate
13less restrictive alternatives to secure confinement and the
14reasons why efforts were unsuccessful in locating a less
15restrictive alternative to secure confinement. Before the
16court commits a minor to the Department of Juvenile Justice, it
17shall make a finding that secure confinement is necessary,
18following a review of the following individualized factors:
19        (A) Age of the minor.
20        (B) Criminal background of the minor.
21        (C) Review of results of any assessments of the minor,
22    including child centered assessments such as the CANS.
23        (D) Educational background of the minor, indicating
24    whether the minor has ever been assessed for a learning
25    disability, and if so what services were provided as well
26    as any disciplinary incidents at school.



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1        (E) Physical, mental and emotional health of the minor,
2    indicating whether the minor has ever been diagnosed with a
3    health issue and if so what services were provided and
4    whether the minor was compliant with services.
5        (F) Community based services that have been provided to
6    the minor, and whether the minor was compliant with the
7    services, and the reason the services were unsuccessful.
8        (G) Services within the Department of Juvenile Justice
9    that will meet the individualized needs of the minor.
10    (1.5) Before the court commits a minor to the Department of
11Juvenile Justice, the court must find reasonable efforts have
12been made to prevent or eliminate the need for the minor to be
13removed from the home, or reasonable efforts cannot, at this
14time, for good cause, prevent or eliminate the need for
15removal, and removal from home is in the best interests of the
16minor, the minor's family, and the public.
17    (2) When a minor of the age of at least 13 years is
18adjudged delinquent for the offense of first degree murder, the
19court shall declare the minor a ward of the court and order the
20minor committed to the Department of Juvenile Justice until the
21minor's 21st birthday, without the possibility of aftercare
22release, furlough, or non-emergency authorized absence for a
23period of 5 years from the date the minor was committed to the
24Department of Juvenile Justice, except that the time that a
25minor spent in custody for the instant offense before being
26committed to the Department of Juvenile Justice shall be



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1considered as time credited towards that 5 year period. Upon
2release from a Department facility, a minor adjudged delinquent
3for first degree murder shall be placed on aftercare release
4until the age of 21, unless sooner discharged from aftercare
5release or custodianship is otherwise terminated in accordance
6with this Act or as otherwise provided for by law. Nothing in
7this subsection (2) shall preclude the State's Attorney from
8seeking to prosecute a minor as an adult as an alternative to
9proceeding under this Act.
10    (3) Except as provided in subsection (2), the commitment of
11a delinquent to the Department of Juvenile Justice shall be for
12an indeterminate term which shall automatically terminate upon
13the delinquent attaining the age of 21 years or upon completion
14of that period for which an adult could be committed for the
15same act, whichever occurs sooner, unless the delinquent is
16sooner discharged from aftercare release or custodianship is
17otherwise terminated in accordance with this Act or as
18otherwise provided for by law.
19    (3.5) Every delinquent minor committed to the Department of
20Juvenile Justice under this Act shall be eligible for aftercare
21release without regard to the length of time the minor has been
22confined or whether the minor has served any minimum term
23imposed. Aftercare release shall be administered by the
24Department of Juvenile Justice, under the direction of the
25Director. Unless sooner discharged, the Department of Juvenile
26Justice shall discharge a minor from aftercare release upon



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1completion of the following aftercare release terms:
2        (a) One and a half years from the date a minor is
3    released from a Department facility, if the minor was
4    committed for a Class X felony;
5        (b) One year from the date a minor is released from a
6    Department facility, if the minor was committed for a Class
7    1 or 2 felony; and
8        (c) Six months from the date a minor is released from a
9    Department facility, if the minor was committed for a Class
10    3 felony or lesser offense.
11    (4) When the court commits a minor to the Department of
12Juvenile Justice, it shall order him or her conveyed forthwith
13to the appropriate reception station or other place designated
14by the Department of Juvenile Justice, and shall appoint the
15Director of Juvenile Justice legal custodian of the minor. The
16clerk of the court shall issue to the Director of Juvenile
17Justice a certified copy of the order, which constitutes proof
18of the Director's authority. No other process need issue to
19warrant the keeping of the minor.
20    (5) If a minor is committed to the Department of Juvenile
21Justice, the clerk of the court shall forward to the
23        (a) the sentencing order disposition ordered;
24        (b) all reports;
25        (c) the court's statement of the basis for ordering the
26    disposition; and



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1        (d) any sex offender evaluations;
2        (e) any risk assessment or substance abuse treatment
3    eligibility screening and assessment of the minor by an
4    agent designated by the State to provide assessment
5    services for the courts;
6        (f) the number of days, if any, which the minor has
7    been in custody and for which he or she is entitled to
8    credit against the sentence, which information shall be
9    provided to the clerk by the sheriff;
10        (g) any medical or mental health records or summaries
11    of the minor;
12        (h) the municipality where the arrest of the minor
13    occurred, the commission of the offense occurred, and the
14    minor resided at the time of commission; and
15        (i) all additional matters which the court directs the
16    clerk to transmit.
17    (6) Whenever the Department of Juvenile Justice lawfully
18discharges from its custody and control a minor committed to
19it, the Director of Juvenile Justice shall petition the court
20for an order terminating his or her custodianship. The
21custodianship shall terminate automatically 30 days after
22receipt of the petition unless the court orders otherwise.
23    (7) If, while on aftercare release, a minor committed to
24the Department of Juvenile Justice is charged under the
25criminal laws of this State with an offense that could result
26in a sentence of imprisonment within the Department of



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1Corrections, the commitment to the Department of Juvenile
2Justice and all rights and duties created by that commitment
3are automatically suspended pending final disposition of the
4criminal charge. If the minor is found guilty of the criminal
5charge and sentenced to a term of imprisonment in the
6penitentiary system of the Department of Corrections, the
7commitment to the Department of Juvenile Justice shall be
8automatically terminated. If the criminal charge is dismissed,
9the minor is found not guilty, or the minor completes a
10criminal sentence other than imprisonment within the
11Department of Corrections, the previously imposed commitment
12to the Department of Juvenile Justice and the full aftercare
13release term shall be automatically reinstated unless
14custodianship is sooner terminated. Nothing in this subsection
15(7) shall preclude the court from ordering another sentence
16under Section 5-710 of this Act or from terminating the
17Department's custodianship while the commitment to the
18Department is suspended.
19(Source: P.A. 97-362, eff. 1-1-12; 98-558, eff. 1-1-14.)
20    Section 10. The Unified Code of Corrections is amended by
21changing Sections 3-2.5-80, 3-3-5, 3-3-8, and 3-3-10 as
23    (730 ILCS 5/3-2.5-80)
24    Sec. 3-2.5-80. Supervision on Aftercare Release.



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1    (a) The Department shall retain custody of all youth placed
2on aftercare release or released under Section 3-3-10 of this
3Code. The Department shall supervise those youth during their
4aftercare release period in accordance with the conditions set
5by the Prisoner Review Board.
6    (b) A copy of youth's conditions of aftercare release shall
7be signed by the youth and given to the youth and to his or her
8aftercare specialist who shall report on the youth's progress
9under the rules of the Prisoner Review Board. Aftercare
10specialists and supervisors shall have the full power of peace
11officers in the retaking of any releasee who has allegedly
12violated his or her aftercare release conditions. The aftercare
13specialist may shall request the Department of Juvenile Justice
14to issue a warrant for the arrest of any releasee who has
15allegedly violated his or her aftercare release conditions.
16    (c) The aftercare supervisor shall request the Department
17of Juvenile Justice to issue an aftercare release violation
18warrant, and the Department of Juvenile Justice shall issue an
19aftercare release violation warrant, under the following
21        (1) if the releasee has a subsequent delinquency
22    petition filed against him or her alleging commission of
23    commits an act that constitutes a felony using a firearm or
24    knife;
25        (2) if the releasee is required to and fails to comply
26    with the requirements of the Sex Offender Registration Act;



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1        (3) (blank); or if the releasee is charged with:
2            (A) a felony offense of domestic battery under
3        Section 12-3.2 of the Criminal Code of 2012;
4            (B) aggravated domestic battery under Section
5        12-3.3 of the Criminal Code of 2012;
6            (C) stalking under Section 12-7.3 of the Criminal
7        Code of 2012;
8            (D) aggravated stalking under Section 12-7.4 of
9        the Criminal Code of 2012;
10            (E) violation of an order of protection under
11        Section 12-3.4 of the Criminal Code of 2012; or
12            (F) any offense that would require registration as
13        a sex offender under the Sex Offender Registration Act;
14        or
15        (4) if the releasee is on aftercare release for a
16    murder, a Class X felony or a Class 1 felony violation of
17    the Criminal Code of 2012, or any felony that requires
18    registration as a sex offender under the Sex Offender
19    Registration Act and a subsequent delinquency petition is
20    filed against him or her alleging commission of commits an
21    act that constitutes first degree murder, a Class X felony,
22    a Class 1 felony, a Class 2 felony, or a Class 3 felony.
23        Personnel designated by the Department of Juvenile
24    Justice or another peace officer may detain an alleged
25    aftercare release violator until a warrant for his or her
26    return to the Department of Juvenile Justice can be issued.



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1    The releasee may be delivered to any secure place until he
2    or she can be transported to the Department of Juvenile
3    Justice. The aftercare specialist or the Department of
4    Juvenile Justice shall file a violation report with notice
5    of charges with the Prisoner Review Board.
6    (d) The aftercare specialist shall regularly advise and
7consult with the releasee and assist the youth in adjusting to
8community life in accord with this Section.
9    (e) If the aftercare releasee has been convicted of a sex
10offense as defined in the Sex Offender Management Board Act,
11the aftercare specialist shall periodically, but not less than
12once a month, verify that the releasee is in compliance with
13paragraph (7.6) of subsection (a) of Section 3-3-7.
14    (f) The aftercare specialist shall keep those records as
15the Prisoner Review Board or Department may require. All
16records shall be entered in the master file of the youth.
17(Source: P.A. 98-558, eff. 1-1-14.)
18    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
19    Sec. 3-3-5. Hearing and Determination.
20    (a) The Prisoner Review Board shall meet as often as need
21requires to consider the cases of persons eligible for parole
22and aftercare release. Except as otherwise provided in
23paragraph (2) of subsection (a) of Section 3-3-2 of this Act,
24the Prisoner Review Board may meet and order its actions in
25panels of 3 or more members. The action of a majority of the



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1panel shall be the action of the Board. In consideration of
2persons committed to the Department of Juvenile Justice, the
3panel shall have at least a majority of members experienced in
4juvenile matters.
5    (b) If the person under consideration for parole or
6aftercare release is in the custody of the Department, at least
7one member of the Board shall interview him or her, and a
8report of that interview shall be available for the Board's
9consideration. However, in the discretion of the Board, the
10interview need not be conducted if a psychiatric examination
11determines that the person could not meaningfully contribute to
12the Board's consideration. The Board may in its discretion
13parole or release on aftercare a person who is then outside the
14jurisdiction on his or her record without an interview. The
15Board need not hold a hearing or interview a person who is
16paroled or released on aftercare under paragraphs (d) or (e) of
17this Section or released on Mandatory release under Section
19    (c) The Board shall not parole or release a person eligible
20for parole or aftercare release if it determines that:
21        (1) there is a substantial risk that he or she will not
22    conform to reasonable conditions of parole or aftercare
23    release; or
24        (2) his or her release at that time would deprecate the
25    seriousness of his or her offense or promote disrespect for
26    the law; or



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1        (3) his or her release would have a substantially
2    adverse effect on institutional discipline.
3    (d) A person committed under the Juvenile Court Act or the
4Juvenile Court Act of 1987 who has not been sooner released
5shall be released on aftercare on or before his or her 20th
6birthday or upon completion of the maximum term of confinement
7ordered by the court under Section 5-710 of the Juvenile Court
8Act of 1987, whichever is sooner, to begin serving a period of
9aftercare release under Section 3-3-8.
10    (e) A person who has served the maximum term of
11imprisonment imposed at the time of sentencing less time credit
12for good behavior shall be released on parole to serve a period
13of parole under Section 5-8-1.
14    (f) The Board shall render its decision within a reasonable
15time after hearing and shall state the basis therefor both in
16the records of the Board and in written notice to the person on
17whose application it has acted. In its decision, the Board
18shall set the person's time for parole or aftercare release, or
19if it denies parole or aftercare release it shall provide for a
20rehearing not less frequently than once every year, except that
21the Board may, after denying parole, schedule a rehearing no
22later than 5 years from the date of the parole denial, if the
23Board finds that it is not reasonable to expect that parole
24would be granted at a hearing prior to the scheduled rehearing
25date. If the Board shall parole or release a person, and, if he
26or she is not released within 90 days from the effective date



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1of the order granting parole or aftercare release, the matter
2shall be returned to the Board for review.
3    (f-1) If the Board paroles or releases a person who is
4eligible for commitment as a sexually violent person, the
5effective date of the Board's order shall be stayed for 90 days
6for the purpose of evaluation and proceedings under the
7Sexually Violent Persons Commitment Act.
8    (g) The Board shall maintain a registry of decisions in
9which parole has been granted, which shall include the name and
10case number of the prisoner, the highest charge for which the
11prisoner was sentenced, the length of sentence imposed, the
12date of the sentence, the date of the parole, and the basis for
13the decision of the Board to grant parole and the vote of the
14Board on any such decisions. The registry shall be made
15available for public inspection and copying during business
16hours and shall be a public record pursuant to the provisions
17of the Freedom of Information Act.
18    (h) The Board shall promulgate rules regarding the exercise
19of its discretion under this Section.
20(Source: P.A. 97-522, eff. 1-1-12; 97-1075, eff. 8-24-12;
2198-558, eff. 1-1-14.)
22    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
23    Sec. 3-3-8. Length of parole, aftercare release, and
24mandatory supervised release; discharge.)
25    (a) The length of parole for a person sentenced under the



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1law in effect prior to the effective date of this amendatory
2Act of 1977 and the length of mandatory supervised release for
3those sentenced under the law in effect on and after such
4effective date shall be as set out in Section 5-8-1 unless
5sooner terminated under paragraph (b) of this Section. The
6aftercare release period of a juvenile committed to the
7Department under the Juvenile Court Act or the Juvenile Court
8Act of 1987 shall be as set out in Section 5-750 of the
9Juvenile Court Act of 1987 extend until he or she is 21 years
10of age unless sooner terminated under paragraph (b) of this
11Section or under the Juvenile Court Act of 1987.
12    (b) The Prisoner Review Board may enter an order releasing
13and discharging one from parole, aftercare release, or
14mandatory supervised release, and his or her commitment to the
15Department, when it determines that he or she is likely to
16remain at liberty without committing another offense.
17    (b-1) Provided that the subject is in compliance with the
18terms and conditions of his or her parole, aftercare release,
19or mandatory supervised release, the Prisoner Review Board may
20reduce the period of a parolee or releasee's parole, aftercare
21release, or mandatory supervised release by 90 days upon the
22parolee or releasee receiving a high school diploma or upon
23passage of high school equivalency testing during the period of
24his or her parole, aftercare release, or mandatory supervised
25release. This reduction in the period of a subject's term of
26parole, aftercare release, or mandatory supervised release



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1shall be available only to subjects who have not previously
2earned a high school diploma or who have not previously passed
3high school equivalency testing.
4    (c) The order of discharge shall become effective upon
5entry of the order of the Board. The Board shall notify the
6clerk of the committing court of the order. Upon receipt of
7such copy, the clerk shall make an entry on the record judgment
8that the sentence or commitment has been satisfied pursuant to
9the order.
10    (d) Rights of the person discharged under this Section
11shall be restored under Section 5-5-5. This Section is subject
12to Section 5-750 of the Juvenile Court Act of 1987.
13(Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14; 98-718,
14eff. 1-1-15.)
15    (730 ILCS 5/3-3-10)  (from Ch. 38, par. 1003-3-10)
16    Sec. 3-3-10. Eligibility after Revocation; Release under
18    (a) A person whose parole, aftercare release, or mandatory
19supervised release has been revoked may be reparoled or
20rereleased by the Board at any time to the full parole,
21aftercare release, or mandatory supervised release term under
22Section 3-3-8, except that the time which the person shall
23remain subject to the Board shall not exceed (1) the imposed
24maximum term of imprisonment or confinement and the parole term
25for those sentenced under the law in effect prior to the



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1effective date of this amendatory Act of 1977 or (2) the term
2of imprisonment imposed by the court and the mandatory
3supervised release term for those sentenced under the law in
4effect on and after such effective date.
5    (b) If the Board sets no earlier release date:
6        (1) A person sentenced for any violation of law which
7    occurred before January 1, 1973, shall be released under
8    supervision 6 months prior to the expiration of his or her
9    maximum sentence of imprisonment less good time credit
10    under Section 3-6-3.
11        (2) Any person who has violated the conditions of his
12    or her parole or aftercare release and been reconfined
13    under Section 3-3-9 shall be released under supervision 6
14    months prior to the expiration of the term of his or her
15    reconfinement under paragraph (a) of Section 3-3-9 less
16    good time credit under Section 3-6-3. This paragraph shall
17    not apply to persons serving terms of mandatory supervised
18    release or aftercare release.
19        (3) Nothing herein shall require the release of a
20    person who has violated his or her parole within 6 months
21    of the date when his or her release under this Section
22    would otherwise be mandatory.
23    (c) Persons released under this Section shall be subject to
24Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
253-14-3, and 3-14-4.
26(Source: P.A. 98-558, eff. 1-1-14.)".