Full Text of SB2042 095th General Assembly
SB2042enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-20.12a, 14-1.11, 14-1.11a, and 14-7.03 and by adding Section | 6 |
| 14-7.05 as follows:
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| (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
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| Sec. 10-20.12a. Tuition for non-resident pupils. | 9 |
| (a) To charge non-resident pupils who attend the schools of | 10 |
| the district
tuition in an amount not exceeding 110% of the per | 11 |
| capita
cost of maintaining the schools of the district for the | 12 |
| preceding school year.
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| Such per capita cost shall be computed by dividing the | 14 |
| total cost of
conducting and maintaining the schools of the | 15 |
| district by the average daily
attendance, including tuition | 16 |
| pupils. Depreciation on the buildings and
equipment of the | 17 |
| schools of the district, and the amount of annual
depreciation | 18 |
| on such buildings and equipment shall be dependent upon the
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| useful life of such property.
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| The tuition charged shall in no case exceed 110% of the per | 21 |
| capita
cost of conducting and maintaining the schools of the | 22 |
| district attended, as
determined
with reference to the most | 23 |
| recent audit prepared under Section 3-7 which is
available at |
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| the commencement of the current school year.
Non-resident | 2 |
| pupils attending the schools of the district
for less than the
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| school term shall have their tuition apportioned, however | 4 |
| pupils who become
non-resident during a school term shall not | 5 |
| be charged tuition for the
remainder of the school term in | 6 |
| which they became non-resident pupils.
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| (b) Unless otherwise agreed to by the parties involved and | 8 |
| where the
educational services are not otherwise provided for, | 9 |
| educational services
for an Illinois student under the age of | 10 |
| 21 (and not eligible for services pursuant to Article 14 of | 11 |
| this Code) in any a residential program
designed to correct | 12 |
| alcohol or other drug dependencies shall be provided by
the | 13 |
| district in which the facility is located and financed as | 14 |
| follows. The
cost of educational services shall be paid by the | 15 |
| district in which the
student resides in an amount equal to the | 16 |
| cost of providing educational
services in the residential a | 17 |
| treatment facility. Payments shall be made by the district
of | 18 |
| the student's residence and shall be made to the district | 19 |
| wherein the
facility is located no less than once per month | 20 |
| unless otherwise agreed to
by the parties. | 21 |
| The funding provision of this subsection (b) applies to all | 22 |
| Illinois students under the age of 21 (and not eligible for | 23 |
| services pursuant to Article 14 of this Code) receiving | 24 |
| educational services in residential facilities, irrespective | 25 |
| of whether the student was placed therein pursuant to this Code | 26 |
| or the Juvenile Court Act of 1987 or by an Illinois public |
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| agency or a court. Nothing in this Section shall be construed | 2 |
| to relieve the district of the student's residence of financial | 3 |
| responsibility based on the manner in which the student was | 4 |
| placed at the facility. The changes to this subsection (b) made | 5 |
| by this amendatory Act of the 95th General Assembly apply to | 6 |
| all placements in effect on July 1, 2007 and all placements | 7 |
| thereafter. For purposes of this subsection (b), a student's | 8 |
| district of residence shall be determined in accordance with | 9 |
| subsection (a) of Section 10-20.12b of this Code. The placement | 10 |
| of a student in a residential facility shall not affect the | 11 |
| residency of the student. When a dispute arises over the | 12 |
| determination of the district of residence under this | 13 |
| subsection (b), any person or entity, including without | 14 |
| limitation a school district or residential facility, may make | 15 |
| a written request for a residency decision to the State | 16 |
| Superintendent of Education, who, upon review of materials | 17 |
| submitted and any other items or information he or she may | 18 |
| request for submission, shall issue his or her decision in | 19 |
| writing. The decision of the State Superintendent of Education | 20 |
| is final.
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| (Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98.)
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| (105 ILCS 5/14-1.11) (from Ch. 122, par. 14-1.11)
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| Sec. 14-1.11. Resident district; parent; legal guardian. | 24 |
| The resident
district is the school district in which the | 25 |
| parent or guardian, or both
parent and guardian, of the
student |
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| reside when:
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| (1) the parent has legal guardianship of the student
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| and resides within Illinois; or
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| (2) an individual guardian has been
appointed by the | 5 |
| courts and resides within Illinois; or
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| (3) an Illinois
public agency has legal guardianship | 7 |
| and the student resides either in the
home of the parent or | 8 |
| within the same district as the parent; or
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| (4) an
Illinois court orders a residential placement | 10 |
| but the parents retain any legal rights or
guardianship and | 11 |
| have not been subject to a termination of parental rights | 12 |
| order .
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| In cases of divorced or separated parents, when only one | 14 |
| parent has legal
guardianship or custody, the district in which | 15 |
| the parent having legal
guardianship or custody resides
is the | 16 |
| resident district. When both parents retain legal guardianship | 17 |
| or
custody, the resident district is the district in which | 18 |
| either parent who
provides the student's primary regular fixed | 19 |
| night-time abode resides;
provided, that the election of | 20 |
| resident district may be made only one time per
school year.
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| When the parent has legal guardianship and lives outside of | 22 |
| the State of
Illinois, or when the individual legal guardian | 23 |
| other than the natural
parent lives outside the State of | 24 |
| Illinois, the parent, legal guardian, or
other placing agent is | 25 |
| responsible for making arrangements to pay the
Illinois school | 26 |
| district serving the child for the educational services
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| provided. Those service costs shall be determined in accordance | 2 |
| with Section
14-7.01.
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| (Source: P.A. 89-698, eff. 1-14-97.)
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| (105 ILCS 5/14-1.11a) (from Ch. 122, par. 14-1.11a)
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| Sec. 14-1.11a. Resident district; student. The resident | 6 |
| district is the school district in which the student resides | 7 |
| when:
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| (1) the parent has legal guardianship but the location | 9 |
| of the parent is
unknown; or
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| (2) an individual guardian has been appointed but the | 11 |
| location of the
guardian is unknown; or
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| (3) the student is 18 years of age or older and no | 13 |
| legal
guardian has been appointed; or
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| (4) the student is legally an emancipated minor; or
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| (5) an Illinois public agency has legal guardianship | 16 |
| and such agency or any court in this State has
placed the | 17 |
| student residentially outside of the school district in | 18 |
| which the
parent lives.
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| In cases where an Illinois public agency has legal | 20 |
| guardianship and has
placed the student residentially outside | 21 |
| of Illinois, the last school
district that provided at least 45 | 22 |
| days of educational service to the
student shall continue to be | 23 |
| the district of
residence until the student is no longer under | 24 |
| guardianship of an Illinois
public agency or until the student | 25 |
| is returned to Illinois.
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| The resident district of a homeless student is the Illinois | 2 |
| district in
which the student enrolls for educational services. | 3 |
| Homeless students
include individuals as defined in the Stewart | 4 |
| B. McKinney Homeless Assistance
Act.
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| (Source: P.A. 87-1117; 88-134.)
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| (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
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| Sec. 14-7.03. Special Education Classes for Children from | 8 |
| Orphanages,
Foster Family Homes, Children's Homes, or in State | 9 |
| Housing Units. If a
school district maintains special education | 10 |
| classes on the site of
orphanages and children's homes, or if | 11 |
| children from the orphanages,
children's homes, foster family | 12 |
| homes, other State agencies, or State
residential units for | 13 |
| children attend classes for children with disabilities
in which | 14 |
| the school district is a participating member of a joint
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| agreement, or if the children from the orphanages, children's | 16 |
| homes,
foster family homes, other State agencies, or State | 17 |
| residential units
attend classes for the children with | 18 |
| disabilities maintained by the school
district, then | 19 |
| reimbursement shall be paid to eligible districts in
accordance | 20 |
| with the provisions of this Section by the Comptroller as | 21 |
| directed
by the State Superintendent of Education.
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| The amount of tuition for such children shall be determined | 23 |
| by the
actual cost of maintaining such classes, using the per | 24 |
| capita cost formula
set forth in Section 14-7.01, such program | 25 |
| and cost to be pre-approved by
the State Superintendent of |
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| Education.
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| On forms prepared by the State Superintendent of Education, | 3 |
| the
district shall certify to the regional superintendent the | 4 |
| following:
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| (1) The name of the home or State residential unit with | 6 |
| the name of
the owner or proprietor and address of those | 7 |
| maintaining it;
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| (2) That no service charges or other payments | 9 |
| authorized by law were
collected in lieu of taxes therefrom | 10 |
| or on account thereof during either
of the calendar years | 11 |
| included in the school year for which claim is
being made;
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| (3) The number of children qualifying under this Act in | 13 |
| special
education classes for instruction on the site of | 14 |
| the orphanages and
children's homes;
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| (4) The number of children attending special education | 16 |
| classes for children with disabilities in which the | 17 |
| district is a
participating member of
a special education | 18 |
| joint agreement;
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| (5) The number of children attending special education | 20 |
| classes for children with disabilities maintained by the | 21 |
| district;
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| (6) The computed amount of tuition payment claimed as | 23 |
| due, as
approved by the State Superintendent of Education, | 24 |
| for maintaining these
classes.
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| If a school district makes a claim for reimbursement under | 26 |
| Section
18-3 or 18-4 of this Act it shall not include in any |
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| claim filed under
this Section a claim for such children. | 2 |
| Payments authorized by law,
including State or federal grants | 3 |
| for education of children included in
this Section, shall be | 4 |
| deducted in determining the tuition amount.
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| Nothing in this Act shall be construed so as to prohibit
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| reimbursement for the tuition of children placed in for profit | 7 |
| facilities.
Private facilities shall provide adequate space at | 8 |
| the
facility for special education classes provided by a school | 9 |
| district or
joint agreement for children with disabilities who | 10 |
| are
residents of the
facility at no cost to the school district | 11 |
| or joint agreement upon
request of the school district or joint | 12 |
| agreement. If such a private
facility provides space at no cost | 13 |
| to the district or joint agreement
for special education | 14 |
| classes provided to children with
disabilities who are
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| residents of the facility, the district or joint agreement | 16 |
| shall not
include any costs for the use of those facilities in | 17 |
| its claim for
reimbursement.
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| Reimbursement for tuition may include the cost of providing | 19 |
| summer
school programs for children with severe and profound | 20 |
| disabilities served
under this Section. Claims for that | 21 |
| reimbursement shall be filed by
November 1 and shall be paid on | 22 |
| or before December 15 from
appropriations made for the purposes | 23 |
| of this Section.
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| The State Board of Education shall establish such rules and
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| regulations as may be necessary to implement the provisions of | 26 |
| this
Section.
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| Claims filed on behalf of programs operated under this | 2 |
| Section housed in a
jail, detention center, or county-owned | 3 |
| shelter care facility
shall be on an individual student basis | 4 |
| only for
eligible students with disabilities. These claims | 5 |
| shall be in accordance with
applicable rules.
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| Each district claiming reimbursement for a program | 7 |
| operated as a group
program shall have an approved budget on | 8 |
| file with the State Board of
Education prior to the initiation | 9 |
| of the program's operation. On September
30, December 31, and | 10 |
| March 31, the State Board of Education shall voucher
payments | 11 |
| to group programs based upon the approved budget during the | 12 |
| year
of operation. Final claims for group payments shall be | 13 |
| filed on or before
July 15. Final claims for group programs | 14 |
| received at the State
Board of
Education on or before June 15 | 15 |
| shall be vouchered by June 30. Final claims
received at the | 16 |
| State Board of Education between June 16 and July 15
shall be | 17 |
| vouchered by August 30. Claims for group programs
received
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| after July 15 shall not be honored.
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| Each district claiming reimbursement for individual | 20 |
| students shall have the
eligibility of those students verified | 21 |
| by the State Board of Education. On
September 30, December 31, | 22 |
| and March 31, the State Board of Education shall
voucher | 23 |
| payments for individual students based upon an estimated cost
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| calculated from the prior year's claim. Final claims for | 25 |
| individual students
for the regular school term must be | 26 |
| received at the State Board of Education by
July 15. Claims for |
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| individual students received after July 15 shall not
be | 2 |
| honored. Final claims for individual students shall be | 3 |
| vouchered by
August 30.
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| Reimbursement shall be made based upon approved group | 5 |
| programs or
individual students. The State Superintendent of | 6 |
| Education shall direct the
Comptroller to pay a specified | 7 |
| amount to the district by the 30th day of
September, December, | 8 |
| March, June, or August, respectively. However,
notwithstanding | 9 |
| any other provisions of this Section or the School Code,
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| beginning with fiscal year 1994 and each fiscal year | 11 |
| thereafter, if the amount appropriated for any fiscal year
is | 12 |
| less than the amount required for purposes of this Section, the | 13 |
| amount
required to eliminate any insufficient reimbursement | 14 |
| for each district claim
under this Section shall be reimbursed | 15 |
| on August 30 of the next fiscal
year. Payments required to | 16 |
| eliminate any insufficiency for prior
fiscal year claims shall | 17 |
| be made before any claims are paid for the current
fiscal year.
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| The claim of a school district otherwise eligible to be | 19 |
| reimbursed in
accordance with Section 14-12.01 for the 1976-77 | 20 |
| school year but for
this amendatory Act of 1977 shall not be | 21 |
| paid unless the district ceases
to maintain such classes for | 22 |
| one entire school year.
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| If a school district's current reimbursement payment for | 24 |
| the 1977-78
school year only is less than the prior year's | 25 |
| reimbursement payment
owed, the district shall be paid the | 26 |
| amount of the difference between
the payments in addition to |
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| the current reimbursement payment, and the
amount so paid shall | 2 |
| be subtracted from the amount of prior year's
reimbursement | 3 |
| payment owed to the district.
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| Regional superintendents may operate special education | 5 |
| classes for
children from orphanages, foster family homes, | 6 |
| children's homes or State
housing units located within the | 7 |
| educational services region upon consent
of the school board | 8 |
| otherwise so obligated. In electing to assume the
powers and | 9 |
| duties of a school district in providing and maintaining such a
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| special education program, the regional superintendent may | 11 |
| enter into joint
agreements with other districts and may | 12 |
| contract with public or private
schools or the orphanage, | 13 |
| foster family home, children's home or State
housing unit for | 14 |
| provision of the special education program. The regional
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| superintendent exercising the powers granted under this | 16 |
| Section shall claim
the reimbursement authorized by this | 17 |
| Section directly from the State Board
of Education.
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| Any child who is not a resident of Illinois who is placed | 19 |
| in a child
welfare institution, private facility, foster family | 20 |
| home, State operated
program, orphanage or children's home | 21 |
| shall have the payment for his
educational tuition and any | 22 |
| related services assured by the placing agent.
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| For Commencing July 1, 1992, for each disabled student who | 24 |
| is placed in a residential facility by an Illinois public
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| residentially by a State agency or by any court in this State | 26 |
| the courts for care or custody or both
care and custody, |
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| welfare, medical or mental health treatment or both medical
and | 2 |
| mental health treatment, rehabilitation, and protection, | 3 |
| whether placed
there on, before, or after July 1, 1992 , the | 4 |
| costs for educating the student
are eligible for reimbursement | 5 |
| under this Section providing the placing agency
or court has | 6 |
| notified the appropriate school district authorities of the | 7 |
| status
of student residency where applicable prior to or upon | 8 |
| placement .
Subject to appropriation, school districts shall be | 9 |
| reimbursed under this Section for the eligible costs of | 10 |
| educating all disabled students residentially placed by a State | 11 |
| agency or the courts or placed and paid for by a State agency | 12 |
| for any of the reasons listed in this paragraph. Reimbursements | 13 |
| under this paragraph shall first be provided for claims made | 14 |
| for the 2007-2008 school year payable in fiscal year 2008.
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| The district of residence of the parent, guardian, or | 16 |
| disabled student as
defined in Section Sections 14-1.11 and | 17 |
| 14-1.11a is responsible for the actual costs of
the student's | 18 |
| special education program and is eligible for reimbursement | 19 |
| under
this Section when placement is made by a State agency or | 20 |
| the courts.
Payments shall be made by the resident district to | 21 |
| the district wherein the
facility is located no less than once | 22 |
| per quarter unless otherwise agreed to in
writing by the | 23 |
| parties.
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| When a dispute arises over the determination of the | 25 |
| district of
residence under this Section , the district or | 26 |
| districts may appeal the decision in writing to
the State |
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| Superintendent of Education , who, upon review of materials | 2 |
| submitted and any other items or information he or she may | 3 |
| request for submission, shall issue a written decision on the | 4 |
| matter . The decision of the State
Superintendent of Education | 5 |
| shall be final.
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| In the event a district does not make a tuition
payment to | 7 |
| another district that is providing the special education
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| program and services, the State Board of Education shall | 9 |
| immediately
withhold 125% of
the then remaining annual tuition | 10 |
| cost from the State aid or categorical
aid payment due to the
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| school district that is determined to be the resident school | 12 |
| district. All
funds withheld by the State Board of Education | 13 |
| shall immediately be
forwarded to the
school district where the | 14 |
| student is being served.
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| When a child eligible for services under this Section | 16 |
| 14-7.03 must be
placed in a nonpublic facility, that facility | 17 |
| shall meet the programmatic
requirements of Section 14-7.02 and | 18 |
| its regulations, and the educational
services shall be funded | 19 |
| only in accordance with this Section 14-7.03.
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| (Source: P.A. 95-313, eff. 8-20-07.)
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| (105 ILCS 5/14-7.05 new)
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| Sec. 14-7.05. Placement in residential facility; payment | 23 |
| of educational costs. For any student with a disability in a | 24 |
| residential facility placement made or paid for by an Illinois | 25 |
| public State agency or made by any court in this State, the |
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| school district of residence as determined pursuant to this | 2 |
| Article is responsible for the costs of educating the child and | 3 |
| shall be reimbursed for those costs in accordance with this | 4 |
| Code. Payments shall be made by the resident district to the | 5 |
| entity providing the educational services, whether the entity | 6 |
| is the residential facility or the school district wherein the | 7 |
| facility is located, no less than once per quarter unless | 8 |
| otherwise agreed to in writing by the parties. | 9 |
| When a dispute arises over the determination of the | 10 |
| district of residence under this Section, any person or entity, | 11 |
| including without limitation a school district or residential | 12 |
| facility, may make a written request for a residency decision | 13 |
| to the State Superintendent of Education, who, upon review of | 14 |
| materials submitted and any other items of information he or | 15 |
| she may request for submission, shall issue his or her decision | 16 |
| in writing. The decision of the State Superintendent of | 17 |
| Education is final. | 18 |
| Section 10. The Juvenile Court Act of 1987 is amended by | 19 |
| changing Section 5-710 as follows:
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| (705 ILCS 405/5-710)
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| (Text of Section before amendment by P.A. 95-337 and | 22 |
| 95-642 ) | 23 |
| Sec. 5-710. Kinds of sentencing orders.
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| (1) The following kinds of sentencing orders may be made in |
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| respect of
wards of the court:
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| (a) Except as provided in Sections 5-805, 5-810, 5-815, | 3 |
| a minor who is
found
guilty under Section 5-620 may be:
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| (i) put on probation or conditional discharge and | 5 |
| released to his or her
parents, guardian or legal | 6 |
| custodian, provided, however, that any such minor
who | 7 |
| is not committed to the Department of Juvenile Justice | 8 |
| under
this subsection and who is found to be a | 9 |
| delinquent for an offense which is
first degree murder, | 10 |
| a Class X felony, or a forcible felony shall be placed | 11 |
| on
probation;
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| (ii) placed in accordance with Section 5-740, with | 13 |
| or without also being
put on probation or conditional | 14 |
| discharge;
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| (iii) required to undergo a substance abuse | 16 |
| assessment conducted by a
licensed provider and | 17 |
| participate in the indicated clinical level of care;
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| (iv) placed in the guardianship of the Department | 19 |
| of Children and Family
Services, but only if the | 20 |
| delinquent minor is under 13 years of age;
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| (v) placed in detention for a period not to exceed | 22 |
| 30 days, either as
the
exclusive order of disposition | 23 |
| or, where appropriate, in conjunction with any
other | 24 |
| order of disposition issued under this paragraph, | 25 |
| provided that any such
detention shall be in a juvenile | 26 |
| detention home and the minor so detained shall
be 10 |
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| years of age or older. However, the 30-day limitation | 2 |
| may be extended by
further order of the court for a | 3 |
| minor under age 13 committed to the Department
of | 4 |
| Children and Family Services if the court finds that | 5 |
| the minor is a danger
to himself or others. The minor | 6 |
| shall be given credit on the sentencing order
of | 7 |
| detention for time spent in detention under Sections | 8 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 9 |
| result of the offense for which the sentencing order | 10 |
| was imposed.
The court may grant credit on a sentencing | 11 |
| order of detention entered under a
violation of | 12 |
| probation or violation of conditional discharge under | 13 |
| Section
5-720 of this Article for time spent in | 14 |
| detention before the filing of the
petition
alleging | 15 |
| the violation. A minor shall not be deprived of credit | 16 |
| for time spent
in detention before the filing of a | 17 |
| violation of probation or conditional
discharge | 18 |
| alleging the same or related act or acts;
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| (vi) ordered partially or completely emancipated | 20 |
| in accordance with the
provisions of the Emancipation | 21 |
| of Minors Act;
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| (vii) subject to having his or her driver's license | 23 |
| or driving
privileges
suspended for such time as | 24 |
| determined by the court but only until he or she
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| attains 18 years of age;
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| (viii) put on probation or conditional discharge |
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| and placed in detention
under Section 3-6039 of the | 2 |
| Counties Code for a period not to exceed the period
of | 3 |
| incarceration permitted by law for adults found guilty | 4 |
| of the same offense
or offenses for which the minor was | 5 |
| adjudicated delinquent, and in any event no
longer than | 6 |
| upon attainment of age 21; this subdivision (viii) | 7 |
| notwithstanding
any contrary provision of the law; or
| 8 |
| (ix) ordered to undergo a medical or other | 9 |
| procedure to have a tattoo
symbolizing allegiance to a | 10 |
| street gang removed from his or her body.
| 11 |
| (b) A minor found to be guilty may be committed to the | 12 |
| Department of
Juvenile Justice under Section 5-750 if the | 13 |
| minor is 13 years of age or
older,
provided that the | 14 |
| commitment to the Department of Juvenile Justice shall be | 15 |
| made only if a term of incarceration is permitted by law | 16 |
| for
adults found guilty of the offense for which the minor | 17 |
| was adjudicated
delinquent. The time during which a minor | 18 |
| is in custody before being released
upon the request of a | 19 |
| parent, guardian or legal custodian shall be considered
as | 20 |
| time spent in detention.
| 21 |
| (c) When a minor is found to be guilty for an offense | 22 |
| which is a violation
of the Illinois Controlled Substances | 23 |
| Act, the Cannabis Control Act, or the Methamphetamine | 24 |
| Control and Community Protection Act and made
a ward of the | 25 |
| court, the court may enter a disposition order requiring | 26 |
| the
minor to undergo assessment,
counseling or treatment in |
|
|
|
SB2042 Enrolled |
- 18 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| a substance abuse program approved by the Department
of | 2 |
| Human Services.
| 3 |
| (2) Any sentencing order other than commitment to the | 4 |
| Department of
Juvenile Justice may provide for protective | 5 |
| supervision under
Section 5-725 and may include an order of | 6 |
| protection under Section 5-730.
| 7 |
| (3) Unless the sentencing order expressly so provides, it | 8 |
| does not operate
to close proceedings on the pending petition, | 9 |
| but is subject to modification
until final closing and | 10 |
| discharge of the proceedings under Section 5-750.
| 11 |
| (4) In addition to any other sentence, the court may order | 12 |
| any
minor
found to be delinquent to make restitution, in | 13 |
| monetary or non-monetary form,
under the terms and conditions | 14 |
| of Section 5-5-6 of the Unified Code of
Corrections, except | 15 |
| that the "presentencing hearing" referred to in that
Section
| 16 |
| shall be
the sentencing hearing for purposes of this Section. | 17 |
| The parent, guardian or
legal custodian of the minor may be | 18 |
| ordered by the court to pay some or all of
the restitution on | 19 |
| the minor's behalf, pursuant to the Parental Responsibility
| 20 |
| Law. The State's Attorney is authorized to act
on behalf of any | 21 |
| victim in seeking restitution in proceedings under this
| 22 |
| Section, up to the maximum amount allowed in Section 5 of the | 23 |
| Parental
Responsibility Law.
| 24 |
| (5) Any sentencing order where the minor is committed or | 25 |
| placed in
accordance
with Section 5-740 shall provide for the | 26 |
| parents or guardian of the estate of
the minor to pay to the |
|
|
|
SB2042 Enrolled |
- 19 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| legal custodian or guardian of the person of the minor
such | 2 |
| sums as are determined by the custodian or guardian of the | 3 |
| person of the
minor as necessary for the minor's needs. The | 4 |
| payments may not exceed the
maximum amounts provided for by | 5 |
| Section 9.1 of the Children and Family Services
Act.
| 6 |
| (6) Whenever the sentencing order requires the minor to | 7 |
| attend school or
participate in a program of training, the | 8 |
| truant officer or designated school
official shall regularly | 9 |
| report to the court if the minor is a chronic or
habitual | 10 |
| truant under Section 26-2a of the School Code. Notwithstanding | 11 |
| any other provision of this Act, in instances in which | 12 |
| educational services are to be provided to a minor in a | 13 |
| residential facility where the minor has been placed by the | 14 |
| court, costs incurred in the provision of those educational | 15 |
| services must be allocated based on the requirements of the | 16 |
| School Code.
| 17 |
| (7) In no event shall a guilty minor be committed to the | 18 |
| Department of
Juvenile Justice for a period of time in
excess | 19 |
| of
that period for which an adult could be committed for the | 20 |
| same act.
| 21 |
| (8) A minor found to be guilty for reasons that include a | 22 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 23 |
| be ordered to perform
community service for not less than 30 | 24 |
| and not more than 120 hours, if
community service is available | 25 |
| in the jurisdiction. The community service
shall include, but | 26 |
| need not be limited to, the cleanup and repair of the damage
|
|
|
|
SB2042 Enrolled |
- 20 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| that was caused by the violation or similar damage to property | 2 |
| located in the
municipality or county in which the violation | 3 |
| occurred. The order may be in
addition to any other order | 4 |
| authorized by this Section.
| 5 |
| (8.5) A minor found to be guilty for reasons that include a | 6 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care | 7 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section | 8 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 9 |
| medical or psychiatric treatment rendered by
a
psychiatrist or | 10 |
| psychological treatment rendered by a clinical psychologist.
| 11 |
| The order
may be in addition to any other order authorized by | 12 |
| this Section.
| 13 |
| (9) In addition to any other sentencing order, the court | 14 |
| shall order any
minor found
to be guilty for an act which would | 15 |
| constitute, predatory criminal sexual
assault of a child, | 16 |
| aggravated criminal sexual assault, criminal sexual
assault, | 17 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
| 18 |
| committed by an
adult to undergo medical testing to determine | 19 |
| whether the defendant has any
sexually transmissible disease | 20 |
| including a test for infection with human
immunodeficiency | 21 |
| virus (HIV) or any other identified causative agency of
| 22 |
| acquired immunodeficiency syndrome (AIDS). Any medical test | 23 |
| shall be performed
only by appropriately licensed medical | 24 |
| practitioners and may include an
analysis of any bodily fluids | 25 |
| as well as an examination of the minor's person.
Except as | 26 |
| otherwise provided by law, the results of the test shall be |
|
|
|
SB2042 Enrolled |
- 21 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| kept
strictly confidential by all medical personnel involved in | 2 |
| the testing and must
be personally delivered in a sealed | 3 |
| envelope to the judge of the court in which
the sentencing | 4 |
| order was entered for the judge's inspection in camera. Acting
| 5 |
| in accordance with the best interests of the victim and the | 6 |
| public, the judge
shall have the discretion to determine to | 7 |
| whom the results of the testing may
be revealed. The court | 8 |
| shall notify the minor of the results of the test for
infection | 9 |
| with the human immunodeficiency virus (HIV). The court shall | 10 |
| also
notify the victim if requested by the victim, and if the | 11 |
| victim is under the
age of 15 and if requested by the victim's | 12 |
| parents or legal guardian, the court
shall notify the victim's | 13 |
| parents or the legal guardian, of the results of the
test for | 14 |
| infection with the human immunodeficiency virus (HIV). The | 15 |
| court
shall provide information on the availability of HIV | 16 |
| testing and counseling at
the Department of Public Health | 17 |
| facilities to all parties to whom the
results of the testing | 18 |
| are revealed. The court shall order that the cost of
any test | 19 |
| shall be paid by the county and may be taxed as costs against | 20 |
| the
minor.
| 21 |
| (10) When a court finds a minor to be guilty the court | 22 |
| shall, before
entering a sentencing order under this Section, | 23 |
| make a finding whether the
offense committed either: (a) was | 24 |
| related to or in furtherance of the criminal
activities of an | 25 |
| organized gang or was motivated by the minor's membership in
or | 26 |
| allegiance to an organized gang, or (b) involved a violation of
|
|
|
|
SB2042 Enrolled |
- 22 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 2 |
| a violation of
any
Section of Article 24 of the Criminal Code | 3 |
| of 1961, or a violation of any
statute that involved the | 4 |
| wrongful use of a firearm. If the court determines
the question | 5 |
| in the affirmative,
and the court does not commit the minor to | 6 |
| the Department of Juvenile Justice, the court shall order the | 7 |
| minor to perform community service
for not less than 30 hours | 8 |
| nor more than 120 hours, provided that community
service is | 9 |
| available in the jurisdiction and is funded and approved by the
| 10 |
| county board of the county where the offense was committed. The | 11 |
| community
service shall include, but need not be limited to, | 12 |
| the cleanup and repair of
any damage caused by a violation of | 13 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage | 14 |
| to property located in the municipality or county in which
the | 15 |
| violation occurred. When possible and reasonable, the | 16 |
| community service
shall be performed in the minor's | 17 |
| neighborhood. This order shall be in
addition to any other | 18 |
| order authorized by this Section
except for an order to place | 19 |
| the minor in the custody of the Department of
Juvenile Justice. | 20 |
| For the purposes of this Section, "organized
gang" has the | 21 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
| 22 |
| Terrorism Omnibus Prevention Act.
| 23 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)
| 24 |
| (Text of Section after amendment by P.A. 95-337 and 95-642 ) | 25 |
| Sec. 5-710. Kinds of sentencing orders.
|
|
|
|
SB2042 Enrolled |
- 23 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| (1) The following kinds of sentencing orders may be made in | 2 |
| respect of
wards of the court:
| 3 |
| (a) Except as provided in Sections 5-805, 5-810, 5-815, | 4 |
| a minor who is
found
guilty under Section 5-620 may be:
| 5 |
| (i) put on probation or conditional discharge and | 6 |
| released to his or her
parents, guardian or legal | 7 |
| custodian, provided, however, that any such minor
who | 8 |
| is not committed to the Department of Juvenile Justice | 9 |
| under
this subsection and who is found to be a | 10 |
| delinquent for an offense which is
first degree murder, | 11 |
| a Class X felony, or a forcible felony shall be placed | 12 |
| on
probation;
| 13 |
| (ii) placed in accordance with Section 5-740, with | 14 |
| or without also being
put on probation or conditional | 15 |
| discharge;
| 16 |
| (iii) required to undergo a substance abuse | 17 |
| assessment conducted by a
licensed provider and | 18 |
| participate in the indicated clinical level of care;
| 19 |
| (iv) placed in the guardianship of the Department | 20 |
| of Children and Family
Services, but only if the | 21 |
| delinquent minor is under 15 years of age or, pursuant | 22 |
| to Article II of this Act, a minor for whom an | 23 |
| independent basis of abuse, neglect, or dependency | 24 |
| exists. An independent basis exists when the | 25 |
| allegations or adjudication of abuse, neglect, or | 26 |
| dependency do not arise from the same facts, incident, |
|
|
|
SB2042 Enrolled |
- 24 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| or circumstances which give rise to a charge or | 2 |
| adjudication of delinquency;
| 3 |
| (v) placed in detention for a period not to exceed | 4 |
| 30 days, either as
the
exclusive order of disposition | 5 |
| or, where appropriate, in conjunction with any
other | 6 |
| order of disposition issued under this paragraph, | 7 |
| provided that any such
detention shall be in a juvenile | 8 |
| detention home and the minor so detained shall
be 10 | 9 |
| years of age or older. However, the 30-day limitation | 10 |
| may be extended by
further order of the court for a | 11 |
| minor under age 15 committed to the Department
of | 12 |
| Children and Family Services if the court finds that | 13 |
| the minor is a danger
to himself or others. The minor | 14 |
| shall be given credit on the sentencing order
of | 15 |
| detention for time spent in detention under Sections | 16 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 17 |
| result of the offense for which the sentencing order | 18 |
| was imposed.
The court may grant credit on a sentencing | 19 |
| order of detention entered under a
violation of | 20 |
| probation or violation of conditional discharge under | 21 |
| Section
5-720 of this Article for time spent in | 22 |
| detention before the filing of the
petition
alleging | 23 |
| the violation. A minor shall not be deprived of credit | 24 |
| for time spent
in detention before the filing of a | 25 |
| violation of probation or conditional
discharge | 26 |
| alleging the same or related act or acts;
|
|
|
|
SB2042 Enrolled |
- 25 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| (vi) ordered partially or completely emancipated | 2 |
| in accordance with the
provisions of the Emancipation | 3 |
| of Minors Act;
| 4 |
| (vii) subject to having his or her driver's license | 5 |
| or driving
privileges
suspended for such time as | 6 |
| determined by the court but only until he or she
| 7 |
| attains 18 years of age;
| 8 |
| (viii) put on probation or conditional discharge | 9 |
| and placed in detention
under Section 3-6039 of the | 10 |
| Counties Code for a period not to exceed the period
of | 11 |
| incarceration permitted by law for adults found guilty | 12 |
| of the same offense
or offenses for which the minor was | 13 |
| adjudicated delinquent, and in any event no
longer than | 14 |
| upon attainment of age 21; this subdivision (viii) | 15 |
| notwithstanding
any contrary provision of the law; or
| 16 |
| (ix) ordered to undergo a medical or other | 17 |
| procedure to have a tattoo
symbolizing allegiance to a | 18 |
| street gang removed from his or her body.
| 19 |
| (b) A minor found to be guilty may be committed to the | 20 |
| Department of
Juvenile Justice under Section 5-750 if the | 21 |
| minor is 13 years of age or
older,
provided that the | 22 |
| commitment to the Department of Juvenile Justice shall be | 23 |
| made only if a term of incarceration is permitted by law | 24 |
| for
adults found guilty of the offense for which the minor | 25 |
| was adjudicated
delinquent. The time during which a minor | 26 |
| is in custody before being released
upon the request of a |
|
|
|
SB2042 Enrolled |
- 26 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| parent, guardian or legal custodian shall be considered
as | 2 |
| time spent in detention.
| 3 |
| (c) When a minor is found to be guilty for an offense | 4 |
| which is a violation
of the Illinois Controlled Substances | 5 |
| Act, the Cannabis Control Act, or the Methamphetamine | 6 |
| Control and Community Protection Act and made
a ward of the | 7 |
| court, the court may enter a disposition order requiring | 8 |
| the
minor to undergo assessment,
counseling or treatment in | 9 |
| a substance abuse program approved by the Department
of | 10 |
| Human Services.
| 11 |
| (2) Any sentencing order other than commitment to the | 12 |
| Department of
Juvenile Justice may provide for protective | 13 |
| supervision under
Section 5-725 and may include an order of | 14 |
| protection under Section 5-730.
| 15 |
| (3) Unless the sentencing order expressly so provides, it | 16 |
| does not operate
to close proceedings on the pending petition, | 17 |
| but is subject to modification
until final closing and | 18 |
| discharge of the proceedings under Section 5-750.
| 19 |
| (4) In addition to any other sentence, the court may order | 20 |
| any
minor
found to be delinquent to make restitution, in | 21 |
| monetary or non-monetary form,
under the terms and conditions | 22 |
| of Section 5-5-6 of the Unified Code of
Corrections, except | 23 |
| that the "presentencing hearing" referred to in that
Section
| 24 |
| shall be
the sentencing hearing for purposes of this Section. | 25 |
| The parent, guardian or
legal custodian of the minor may be | 26 |
| ordered by the court to pay some or all of
the restitution on |
|
|
|
SB2042 Enrolled |
- 27 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| the minor's behalf, pursuant to the Parental Responsibility
| 2 |
| Law. The State's Attorney is authorized to act
on behalf of any | 3 |
| victim in seeking restitution in proceedings under this
| 4 |
| Section, up to the maximum amount allowed in Section 5 of the | 5 |
| Parental
Responsibility Law.
| 6 |
| (5) Any sentencing order where the minor is committed or | 7 |
| placed in
accordance
with Section 5-740 shall provide for the | 8 |
| parents or guardian of the estate of
the minor to pay to the | 9 |
| legal custodian or guardian of the person of the minor
such | 10 |
| sums as are determined by the custodian or guardian of the | 11 |
| person of the
minor as necessary for the minor's needs. The | 12 |
| payments may not exceed the
maximum amounts provided for by | 13 |
| Section 9.1 of the Children and Family Services
Act.
| 14 |
| (6) Whenever the sentencing order requires the minor to | 15 |
| attend school or
participate in a program of training, the | 16 |
| truant officer or designated school
official shall regularly | 17 |
| report to the court if the minor is a chronic or
habitual | 18 |
| truant under Section 26-2a of the School Code. Notwithstanding | 19 |
| any other provision of this Act, in instances in which | 20 |
| educational services are to be provided to a minor in a | 21 |
| residential facility where the minor has been placed by the | 22 |
| court, costs incurred in the provision of those educational | 23 |
| services must be allocated based on the requirements of the | 24 |
| School Code.
| 25 |
| (7) In no event shall a guilty minor be committed to the | 26 |
| Department of
Juvenile Justice for a period of time in
excess |
|
|
|
SB2042 Enrolled |
- 28 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| of
that period for which an adult could be committed for the | 2 |
| same act.
| 3 |
| (8) A minor found to be guilty for reasons that include a | 4 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 5 |
| be ordered to perform
community service for not less than 30 | 6 |
| and not more than 120 hours, if
community service is available | 7 |
| in the jurisdiction. The community service
shall include, but | 8 |
| need not be limited to, the cleanup and repair of the damage
| 9 |
| that was caused by the violation or similar damage to property | 10 |
| located in the
municipality or county in which the violation | 11 |
| occurred. The order may be in
addition to any other order | 12 |
| authorized by this Section.
| 13 |
| (8.5) A minor found to be guilty for reasons that include a | 14 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care | 15 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section | 16 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 17 |
| medical or psychiatric treatment rendered by
a
psychiatrist or | 18 |
| psychological treatment rendered by a clinical psychologist.
| 19 |
| The order
may be in addition to any other order authorized by | 20 |
| this Section.
| 21 |
| (9) In addition to any other sentencing order, the court | 22 |
| shall order any
minor found
to be guilty for an act which would | 23 |
| constitute, predatory criminal sexual
assault of a child, | 24 |
| aggravated criminal sexual assault, criminal sexual
assault, | 25 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
| 26 |
| committed by an
adult to undergo medical testing to determine |
|
|
|
SB2042 Enrolled |
- 29 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| whether the defendant has any
sexually transmissible disease | 2 |
| including a test for infection with human
immunodeficiency | 3 |
| virus (HIV) or any other identified causative agency of
| 4 |
| acquired immunodeficiency syndrome (AIDS). Any medical test | 5 |
| shall be performed
only by appropriately licensed medical | 6 |
| practitioners and may include an
analysis of any bodily fluids | 7 |
| as well as an examination of the minor's person.
Except as | 8 |
| otherwise provided by law, the results of the test shall be | 9 |
| kept
strictly confidential by all medical personnel involved in | 10 |
| the testing and must
be personally delivered in a sealed | 11 |
| envelope to the judge of the court in which
the sentencing | 12 |
| order was entered for the judge's inspection in camera. Acting
| 13 |
| in accordance with the best interests of the victim and the | 14 |
| public, the judge
shall have the discretion to determine to | 15 |
| whom the results of the testing may
be revealed. The court | 16 |
| shall notify the minor of the results of the test for
infection | 17 |
| with the human immunodeficiency virus (HIV). The court shall | 18 |
| also
notify the victim if requested by the victim, and if the | 19 |
| victim is under the
age of 15 and if requested by the victim's | 20 |
| parents or legal guardian, the court
shall notify the victim's | 21 |
| parents or the legal guardian, of the results of the
test for | 22 |
| infection with the human immunodeficiency virus (HIV). The | 23 |
| court
shall provide information on the availability of HIV | 24 |
| testing and counseling at
the Department of Public Health | 25 |
| facilities to all parties to whom the
results of the testing | 26 |
| are revealed. The court shall order that the cost of
any test |
|
|
|
SB2042 Enrolled |
- 30 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| shall be paid by the county and may be taxed as costs against | 2 |
| the
minor.
| 3 |
| (10) When a court finds a minor to be guilty the court | 4 |
| shall, before
entering a sentencing order under this Section, | 5 |
| make a finding whether the
offense committed either: (a) was | 6 |
| related to or in furtherance of the criminal
activities of an | 7 |
| organized gang or was motivated by the minor's membership in
or | 8 |
| allegiance to an organized gang, or (b) involved a violation of
| 9 |
| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 10 |
| a violation of
any
Section of Article 24 of the Criminal Code | 11 |
| of 1961, or a violation of any
statute that involved the | 12 |
| wrongful use of a firearm. If the court determines
the question | 13 |
| in the affirmative,
and the court does not commit the minor to | 14 |
| the Department of Juvenile Justice, the court shall order the | 15 |
| minor to perform community service
for not less than 30 hours | 16 |
| nor more than 120 hours, provided that community
service is | 17 |
| available in the jurisdiction and is funded and approved by the
| 18 |
| county board of the county where the offense was committed. The | 19 |
| community
service shall include, but need not be limited to, | 20 |
| the cleanup and repair of
any damage caused by a violation of | 21 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage | 22 |
| to property located in the municipality or county in which
the | 23 |
| violation occurred. When possible and reasonable, the | 24 |
| community service
shall be performed in the minor's | 25 |
| neighborhood. This order shall be in
addition to any other | 26 |
| order authorized by this Section
except for an order to place |
|
|
|
SB2042 Enrolled |
- 31 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| the minor in the custody of the Department of
Juvenile Justice. | 2 |
| For the purposes of this Section, "organized
gang" has the | 3 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
| 4 |
| Terrorism Omnibus 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 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06; |
|
|
|
SB2042 Enrolled |
- 32 - |
LRB095 18874 NHT 45013 b |
|
| 1 |
| 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; revised 11-19-07.) | 2 |
| Section 95. No acceleration or delay. Where this Act makes | 3 |
| changes in a statute that is represented in this Act by text | 4 |
| that is not yet or no longer in effect (for example, a Section | 5 |
| represented by multiple versions), the use of that text does | 6 |
| not accelerate or delay the taking effect of (i) the changes | 7 |
| made by this Act or (ii) provisions derived from any other | 8 |
| Public Act.
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
|
|