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




SB1560 EnrolledLRB099 10707 RLC 30983 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17        delinquent for an offense which is first degree murder,
18        a Class X felony, or a forcible felony shall be placed
19        on probation;
20            (ii) placed in accordance with Section 5-740, with
21        or without also being put on probation or conditional
22        discharge;
23            (iii) required to undergo a substance abuse



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1        assessment conducted by a licensed provider and
2        participate in the indicated clinical level of care;
3            (iv) on and after the effective date of this
4        amendatory Act of the 98th General Assembly and before
5        January 1, 2017, placed in the guardianship of the
6        Department of Children and Family Services, but only if
7        the delinquent minor is under 16 years of age or,
8        pursuant to Article II of this Act, a minor for whom an
9        independent basis of abuse, neglect, or dependency
10        exists. On and after January 1, 2017, placed in the
11        guardianship of the Department of Children and Family
12        Services, but only if the delinquent minor is under 15
13        years of age or, pursuant to Article II of this Act, a
14        minor for whom an independent basis of abuse, neglect,
15        or dependency exists. An independent basis exists when
16        the allegations or adjudication of abuse, neglect, or
17        dependency do not arise from the same facts, incident,
18        or circumstances which give rise to a charge or
19        adjudication of delinquency;
20            (v) placed in detention for a period not to exceed
21        30 days, either as the exclusive order of disposition
22        or, where appropriate, in conjunction with any other
23        order of disposition issued under this paragraph,
24        provided that any such detention shall be in a juvenile
25        detention home and the minor so detained shall be 10
26        years of age or older. However, the 30-day limitation



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1        may be extended by further order of the court for a
2        minor under age 15 committed to the Department of
3        Children and Family Services if the court finds that
4        the minor is a danger to himself or others. The minor
5        shall be given credit on the sentencing order of
6        detention for time spent in detention under Sections
7        5-501, 5-601, 5-710, or 5-720 of this Article as a
8        result of the offense for which the sentencing order
9        was imposed. The court may grant credit on a sentencing
10        order of detention entered under a violation of
11        probation or violation of conditional discharge under
12        Section 5-720 of this Article for time spent in
13        detention before the filing of the petition alleging
14        the violation. A minor shall not be deprived of credit
15        for time spent in detention before the filing of a
16        violation of probation or conditional discharge
17        alleging the same or related act or acts. The
18        limitation that the minor shall only be placed in a
19        juvenile detention home does not apply as follows:
20            Persons 18 years of age and older who have a
21        petition of delinquency filed against them may be
22        confined in an adult detention facility. In making a
23        determination whether to confine a person 18 years of
24        age or older who has a petition of delinquency filed
25        against the person, these factors, among other
26        matters, shall be considered:



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1                (A) the age of the person;
2                (B) any previous delinquent or criminal
3            history of the person;
4                (C) any previous abuse or neglect history of
5            the person;
6                (D) any mental health history of the person;
7            and
8                (E) any educational history of the person;
9            (vi) ordered partially or completely emancipated
10        in accordance with the provisions of the Emancipation
11        of Minors Act;
12            (vii) subject to having his or her driver's license
13        or driving privileges suspended for such time as
14        determined by the court but only until he or she
15        attains 18 years of age;
16            (viii) put on probation or conditional discharge
17        and placed in detention under Section 3-6039 of the
18        Counties Code for a period not to exceed the period of
19        incarceration permitted by law for adults found guilty
20        of the same offense or offenses for which the minor was
21        adjudicated delinquent, and in any event no longer than
22        upon attainment of age 21; this subdivision (viii)
23        notwithstanding any contrary provision of the law;
24            (ix) ordered to undergo a medical or other
25        procedure to have a tattoo symbolizing allegiance to a
26        street gang removed from his or her body; or



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1            (x) placed in electronic home detention under Part
2        7A of this Article.
3        (b) A minor found to be guilty may be committed to the
4    Department of Juvenile Justice under Section 5-750 if the
5    minor is at least 13 years and under 20 years of age or
6    older, provided that the commitment to the Department of
7    Juvenile Justice shall be made only if a term of
8    imprisonment in the penitentiary system of the Department
9    of Corrections incarceration is permitted by law for adults
10    found guilty of the offense for which the minor was
11    adjudicated delinquent. The court shall include in the
12    sentencing order any pre-custody credits the minor is
13    entitled to under Section 5-4.5-100 of the Unified Code of
14    Corrections. The time during which a minor is in custody
15    before being released upon the request of a parent,
16    guardian or legal custodian shall also be considered as
17    time spent in custody detention.
18        (c) When a minor is found to be guilty for an offense
19    which is a violation of the Illinois Controlled Substances
20    Act, the Cannabis Control Act, or the Methamphetamine
21    Control and Community Protection Act and made a ward of the
22    court, the court may enter a disposition order requiring
23    the minor to undergo assessment, counseling or treatment in
24    a substance abuse program approved by the Department of
25    Human Services.
26    (2) Any sentencing order other than commitment to the



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1Department of Juvenile Justice may provide for protective
2supervision under Section 5-725 and may include an order of
3protection under Section 5-730.
4    (3) Unless the sentencing order expressly so provides, it
5does not operate to close proceedings on the pending petition,
6but is subject to modification until final closing and
7discharge of the proceedings under Section 5-750.
8    (4) In addition to any other sentence, the court may order
9any minor found to be delinquent to make restitution, in
10monetary or non-monetary form, under the terms and conditions
11of Section 5-5-6 of the Unified Code of Corrections, except
12that the "presentencing hearing" referred to in that Section
13shall be the sentencing hearing for purposes of this Section.
14The parent, guardian or legal custodian of the minor may be
15ordered by the court to pay some or all of the restitution on
16the minor's behalf, pursuant to the Parental Responsibility
17Law. The State's Attorney is authorized to act on behalf of any
18victim in seeking restitution in proceedings under this
19Section, up to the maximum amount allowed in Section 5 of the
20Parental Responsibility Law.
21    (5) Any sentencing order where the minor is committed or
22placed in accordance with Section 5-740 shall provide for the
23parents or guardian of the estate of the minor to pay to the
24legal custodian or guardian of the person of the minor such
25sums as are determined by the custodian or guardian of the
26person of the minor as necessary for the minor's needs. The



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1payments may not exceed the maximum amounts provided for by
2Section 9.1 of the Children and Family Services Act.
3    (6) Whenever the sentencing order requires the minor to
4attend school or participate in a program of training, the
5truant officer or designated school official shall regularly
6report to the court if the minor is a chronic or habitual
7truant under Section 26-2a of the School Code. Notwithstanding
8any other provision of this Act, in instances in which
9educational services are to be provided to a minor in a
10residential facility where the minor has been placed by the
11court, costs incurred in the provision of those educational
12services must be allocated based on the requirements of the
13School Code.
14    (7) In no event shall a guilty minor be committed to the
15Department of Juvenile Justice for a period of time in excess
16of that period for which an adult could be committed for the
17same act. The court shall include in the sentencing order a
18limitation on the period of confinement not to exceed the
19maximum period of imprisonment the court could impose under
20Article V of the Unified Code of Corrections.
21    (7.5) In no event shall a guilty minor be committed to the
22Department of Juvenile Justice or placed in detention when the
23act for which the minor was adjudicated delinquent would not be
24illegal if committed by an adult.
25    (8) A minor found to be guilty for reasons that include a
26violation of Section 21-1.3 of the Criminal Code of 1961 or the



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1Criminal Code of 2012 shall be ordered to perform community
2service for not less than 30 and not more than 120 hours, if
3community service is available in the jurisdiction. The
4community service shall include, but need not be limited to,
5the cleanup and repair of the damage that was caused by the
6violation or similar damage to property located in the
7municipality or county in which the violation occurred. The
8order may be in addition to any other order authorized by this
10    (8.5) A minor found to be guilty for reasons that include a
11violation of Section 3.02 or Section 3.03 of the Humane Care
12for Animals Act or paragraph (d) of subsection (1) of Section
1321-1 of the Criminal Code of 1961 or paragraph (4) of
14subsection (a) of Section 21-1 of the Criminal Code of 2012
15shall be ordered to undergo medical or psychiatric treatment
16rendered by a psychiatrist or psychological treatment rendered
17by a clinical psychologist. The order may be in addition to any
18other order authorized by this Section.
19    (9) In addition to any other sentencing order, the court
20shall order any minor found to be guilty for an act which would
21constitute, predatory criminal sexual assault of a child,
22aggravated criminal sexual assault, criminal sexual assault,
23aggravated criminal sexual abuse, or criminal sexual abuse if
24committed by an adult to undergo medical testing to determine
25whether the defendant has any sexually transmissible disease
26including a test for infection with human immunodeficiency



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



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1    (10) When a court finds a minor to be guilty the court
2shall, before entering a sentencing order under this Section,
3make a finding whether the offense committed either: (a) was
4related to or in furtherance of the criminal activities of an
5organized gang or was motivated by the minor's membership in or
6allegiance to an organized gang, or (b) involved a violation of
7subsection (a) of Section 12-7.1 of the Criminal Code of 1961
8or the Criminal Code of 2012, a violation of any Section of
9Article 24 of the Criminal Code of 1961 or the Criminal Code of
102012, or a violation of any statute that involved the wrongful
11use of a firearm. If the court determines the question in the
12affirmative, and the court does not commit the minor to the
13Department of Juvenile Justice, the court shall order the minor
14to perform community service for not less than 30 hours nor
15more than 120 hours, provided that community service is
16available in the jurisdiction and is funded and approved by the
17county board of the county where the offense was committed. The
18community service shall include, but need not be limited to,
19the cleanup and repair of any damage caused by a violation of
20Section 21-1.3 of the Criminal Code of 1961 or the Criminal
21Code of 2012 and similar damage to property located in the
22municipality or county in which the violation occurred. When
23possible and reasonable, the community service shall be
24performed in the minor's neighborhood. This order shall be in
25addition to any other order authorized by this Section except
26for an order to place the minor in the custody of the



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1Department of Juvenile Justice. For the purposes of this
2Section, "organized gang" has the meaning ascribed to it in
3Section 10 of the Illinois Streetgang Terrorism Omnibus
4Prevention Act.
5    (11) If the court determines that the offense was committed
6in furtherance of the criminal activities of an organized gang,
7as provided in subsection (10), and that the offense involved
8the operation or use of a motor vehicle or the use of a
9driver's license or permit, the court shall notify the
10Secretary of State of that determination and of the period for
11which the minor shall be denied driving privileges. If, at the
12time of the determination, the minor does not hold a driver's
13license or permit, the court shall provide that the minor shall
14not be issued a driver's license or permit until his or her
1518th birthday. If the minor holds a driver's license or permit
16at the time of the determination, the court shall provide that
17the minor's driver's license or permit shall be revoked until
18his or her 21st birthday, or until a later date or occurrence
19determined by the court. If the minor holds a driver's license
20at the time of the determination, the court may direct the
21Secretary of State to issue the minor a judicial driving
22permit, also known as a JDP. The JDP shall be subject to the
23same terms as a JDP issued under Section 6-206.1 of the
24Illinois Vehicle Code, except that the court may direct that
25the JDP be effective immediately.
26    (12) If a minor is found to be guilty of a violation of



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



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1    fine of $25 for a first violation.
2        (b) A second violation by a minor of subsection (a-7)
3    of Section 1 of that Act that occurs within 12 months after
4    the first violation is punishable by a fine of $50 and 25
5    hours of community service.
6        (c) A third or subsequent violation by a minor of
7    subsection (a-7) of Section 1 of that Act that occurs
8    within 12 months after the first violation is punishable by
9    a $100 fine and 30 hours of community service.
10        (d) Any second or subsequent violation not within the
11    12-month time period after the first violation is
12    punishable as provided for a first violation.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13;
1498-803, eff. 1-1-15.)
15    (705 ILCS 405/5-750)
16    Sec. 5-750. Commitment to the Department of Juvenile
18    (1) Except as provided in subsection (2) of this Section,
19when any delinquent has been adjudged a ward of the court under
20this Act, the court may commit him or her to the Department of
21Juvenile Justice, if it finds that (a) his or her parents,
22guardian or legal custodian are unfit or are unable, for some
23reason other than financial circumstances alone, to care for,
24protect, train or discipline the minor, or are unwilling to do
25so, and the best interests of the minor and the public will not



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1be served by placement under Section 5-740, or it is necessary
2to ensure the protection of the public from the consequences of
3criminal activity of the delinquent; and (b) commitment to the
4Department of Juvenile Justice is the least restrictive
5alternative based on evidence that efforts were made to locate
6less restrictive alternatives to secure confinement and the
7reasons why efforts were unsuccessful in locating a less
8restrictive alternative to secure confinement. Before the
9court commits a minor to the Department of Juvenile Justice, it
10shall make a finding that secure confinement is necessary,
11following a review of the following individualized factors:
12        (A) Age of the minor.
13        (B) Criminal background of the minor.
14        (C) Review of results of any assessments of the minor,
15    including child centered assessments such as the CANS.
16        (D) Educational background of the minor, indicating
17    whether the minor has ever been assessed for a learning
18    disability, and if so what services were provided as well
19    as any disciplinary incidents at school.
20        (E) Physical, mental and emotional health of the minor,
21    indicating whether the minor has ever been diagnosed with a
22    health issue and if so what services were provided and
23    whether the minor was compliant with services.
24        (F) Community based services that have been provided to
25    the minor, and whether the minor was compliant with the
26    services, and the reason the services were unsuccessful.



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1        (G) Services within the Department of Juvenile Justice
2    that will meet the individualized needs of the minor.
3    (1.5) Before the court commits a minor to the Department of
4Juvenile Justice, the court must find reasonable efforts have
5been made to prevent or eliminate the need for the minor to be
6removed from the home, or reasonable efforts cannot, at this
7time, for good cause, prevent or eliminate the need for
8removal, and removal from home is in the best interests of the
9minor, the minor's family, and the public.
10    (2) When a minor of the age of at least 13 years is
11adjudged delinquent for the offense of first degree murder, the
12court shall declare the minor a ward of the court and order the
13minor committed to the Department of Juvenile Justice until the
14minor's 21st birthday, without the possibility of aftercare
15release, furlough, or non-emergency authorized absence for a
16period of 5 years from the date the minor was committed to the
17Department of Juvenile Justice, except that the time that a
18minor spent in custody for the instant offense before being
19committed to the Department of Juvenile Justice shall be
20considered as time credited towards that 5 year period. Upon
21release from a Department facility, a minor adjudged delinquent
22for first degree murder shall be placed on aftercare release
23until the age of 21, unless sooner discharged from aftercare
24release or custodianship is otherwise terminated in accordance
25with this Act or as otherwise provided for by law. Nothing in
26this subsection (2) shall preclude the State's Attorney from



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1seeking to prosecute a minor as an adult as an alternative to
2proceeding under this Act.
3    (3) Except as provided in subsection (2), the commitment of
4a delinquent to the Department of Juvenile Justice shall be for
5an indeterminate term which shall automatically terminate upon
6the delinquent attaining the age of 21 years or upon completion
7of that period for which an adult could be committed for the
8same act, whichever occurs sooner, unless the delinquent is
9sooner discharged from aftercare release or custodianship is
10otherwise terminated in accordance with this Act or as
11otherwise provided for by law.
12    (3.5) Every delinquent minor committed to the Department of
13Juvenile Justice under this Act shall be eligible for aftercare
14release without regard to the length of time the minor has been
15confined or whether the minor has served any minimum term
16imposed. Aftercare release shall be administered by the
17Department of Juvenile Justice, under the direction of the
18Director. Unless sooner discharged, the Department of Juvenile
19Justice shall discharge a minor from aftercare release upon
20completion of the following aftercare release terms:
21        (a) One and a half years from the date a minor is
22    released from a Department facility, if the minor was
23    committed for a Class X felony;
24        (b) One year from the date a minor is released from a
25    Department facility, if the minor was committed for a Class
26    1 or 2 felony; and



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1        (c) Six months from the date a minor is released from a
2    Department facility, if the minor was committed for a Class
3    3 felony or lesser offense.
4    (4) When the court commits a minor to the Department of
5Juvenile Justice, it shall order him or her conveyed forthwith
6to the appropriate reception station or other place designated
7by the Department of Juvenile Justice, and shall appoint the
8Director of Juvenile Justice legal custodian of the minor. The
9clerk of the court shall issue to the Director of Juvenile
10Justice a certified copy of the order, which constitutes proof
11of the Director's authority. No other process need issue to
12warrant the keeping of the minor.
13    (5) If a minor is committed to the Department of Juvenile
14Justice, the clerk of the court shall forward to the
16        (a) the sentencing order disposition ordered;
17        (b) all reports;
18        (c) the court's statement of the basis for ordering the
19    disposition; and
20        (d) any sex offender evaluations;
21        (e) any risk assessment or substance abuse treatment
22    eligibility screening and assessment of the minor by an
23    agent designated by the State to provide assessment
24    services for the courts;
25        (f) the number of days, if any, which the minor has
26    been in custody and for which he or she is entitled to



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1    credit against the sentence, which information shall be
2    provided to the clerk by the sheriff;
3        (g) any medical or mental health records or summaries
4    of the minor;
5        (h) the municipality where the arrest of the minor
6    occurred, the commission of the offense occurred, and the
7    minor resided at the time of commission; and
8        (i) all additional matters which the court directs the
9    clerk to transmit.
10    (6) Whenever the Department of Juvenile Justice lawfully
11discharges from its custody and control a minor committed to
12it, the Director of Juvenile Justice shall petition the court
13for an order terminating his or her custodianship. The
14custodianship shall terminate automatically 30 days after
15receipt of the petition unless the court orders otherwise.
16    (7) If, while on aftercare release, a minor committed to
17the Department of Juvenile Justice is charged under the
18criminal laws of this State with an offense that could result
19in a sentence of imprisonment within the Department of
20Corrections, the commitment to the Department of Juvenile
21Justice and all rights and duties created by that commitment
22are automatically suspended pending final disposition of the
23criminal charge. If the minor is found guilty of the criminal
24charge and sentenced to a term of imprisonment in the
25penitentiary system of the Department of Corrections, the
26commitment to the Department of Juvenile Justice shall be



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1automatically terminated. If the criminal charge is dismissed,
2the minor is found not guilty, or the minor completes a
3criminal sentence other than imprisonment within the
4Department of Corrections, the previously imposed commitment
5to the Department of Juvenile Justice and the full aftercare
6release term shall be automatically reinstated unless
7custodianship is sooner terminated. Nothing in this subsection
8(7) shall preclude the court from ordering another sentence
9under Section 5-710 of this Act or from terminating the
10Department's custodianship while the commitment to the
11Department is suspended.
12(Source: P.A. 97-362, eff. 1-1-12; 98-558, eff. 1-1-14.)
13    Section 10. The Unified Code of Corrections is amended by
14changing Sections 3-2.5-80, 3-3-5, 3-3-8, and 3-3-10 as
16    (730 ILCS 5/3-2.5-80)
17    Sec. 3-2.5-80. Supervision on Aftercare Release.
18    (a) The Department shall retain custody of all youth placed
19on aftercare release or released under Section 3-3-10 of this
20Code. The Department shall supervise those youth during their
21aftercare release period in accordance with the conditions set
22by the Prisoner Review Board.
23    (b) A copy of youth's conditions of aftercare release shall
24be signed by the youth and given to the youth and to his or her



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1aftercare specialist who shall report on the youth's progress
2under the rules of the Prisoner Review Board. Aftercare
3specialists and supervisors shall have the full power of peace
4officers in the retaking of any releasee who has allegedly
5violated his or her aftercare release conditions. The aftercare
6specialist may shall request the Department of Juvenile Justice
7to issue a warrant for the arrest of any releasee who has
8allegedly violated his or her aftercare release conditions.
9    (c) The aftercare supervisor shall request the Department
10of Juvenile Justice to issue an aftercare release violation
11warrant, and the Department of Juvenile Justice shall issue an
12aftercare release violation warrant, under the following
14        (1) if the releasee has a subsequent delinquency
15    petition filed against him or her alleging commission of
16    commits an act that constitutes a felony using a firearm or
17    knife;
18        (2) if the releasee is required to and fails to comply
19    with the requirements of the Sex Offender Registration Act;
20        (3) (blank); or if the releasee is charged with:
21            (A) a felony offense of domestic battery under
22        Section 12-3.2 of the Criminal Code of 2012;
23            (B) aggravated domestic battery under Section
24        12-3.3 of the Criminal Code of 2012;
25            (C) stalking under Section 12-7.3 of the Criminal
26        Code of 2012;



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1            (D) aggravated stalking under Section 12-7.4 of
2        the Criminal Code of 2012;
3            (E) violation of an order of protection under
4        Section 12-3.4 of the Criminal Code of 2012; or
5            (F) any offense that would require registration as
6        a sex offender under the Sex Offender Registration Act;
7        or
8        (4) if the releasee is on aftercare release for a
9    murder, a Class X felony or a Class 1 felony violation of
10    the Criminal Code of 2012, or any felony that requires
11    registration as a sex offender under the Sex Offender
12    Registration Act and a subsequent delinquency petition is
13    filed against him or her alleging commission of commits an
14    act that constitutes first degree murder, a Class X felony,
15    a Class 1 felony, a Class 2 felony, or a Class 3 felony.
16        Personnel designated by the Department of Juvenile
17    Justice or another peace officer may detain an alleged
18    aftercare release violator until a warrant for his or her
19    return to the Department of Juvenile Justice can be issued.
20    The releasee may be delivered to any secure place until he
21    or she can be transported to the Department of Juvenile
22    Justice. The aftercare specialist or the Department of
23    Juvenile Justice shall file a violation report with notice
24    of charges with the Prisoner Review Board.
25    (d) The aftercare specialist shall regularly advise and
26consult with the releasee and assist the youth in adjusting to



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1community life in accord with this Section.
2    (e) If the aftercare releasee has been convicted of a sex
3offense as defined in the Sex Offender Management Board Act,
4the aftercare specialist shall periodically, but not less than
5once a month, verify that the releasee is in compliance with
6paragraph (7.6) of subsection (a) of Section 3-3-7.
7    (f) The aftercare specialist shall keep those records as
8the Prisoner Review Board or Department may require. All
9records shall be entered in the master file of the youth.
10(Source: P.A. 98-558, eff. 1-1-14.)
11    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
12    Sec. 3-3-5. Hearing and Determination.
13    (a) The Prisoner Review Board shall meet as often as need
14requires to consider the cases of persons eligible for parole
15and aftercare release. Except as otherwise provided in
16paragraph (2) of subsection (a) of Section 3-3-2 of this Act,
17the Prisoner Review Board may meet and order its actions in
18panels of 3 or more members. The action of a majority of the
19panel shall be the action of the Board. In consideration of
20persons committed to the Department of Juvenile Justice, the
21panel shall have at least a majority of members experienced in
22juvenile matters.
23    (b) If the person under consideration for parole or
24aftercare release is in the custody of the Department, at least
25one member of the Board shall interview him or her, and a



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1report of that interview shall be available for the Board's
2consideration. However, in the discretion of the Board, the
3interview need not be conducted if a psychiatric examination
4determines that the person could not meaningfully contribute to
5the Board's consideration. The Board may in its discretion
6parole or release on aftercare a person who is then outside the
7jurisdiction on his or her record without an interview. The
8Board need not hold a hearing or interview a person who is
9paroled or released on aftercare under paragraphs (d) or (e) of
10this Section or released on Mandatory release under Section
12    (c) The Board shall not parole or release a person eligible
13for parole or aftercare release if it determines that:
14        (1) there is a substantial risk that he or she will not
15    conform to reasonable conditions of parole or aftercare
16    release; or
17        (2) his or her release at that time would deprecate the
18    seriousness of his or her offense or promote disrespect for
19    the law; or
20        (3) his or her release would have a substantially
21    adverse effect on institutional discipline.
22    (d) A person committed under the Juvenile Court Act or the
23Juvenile Court Act of 1987 who has not been sooner released
24shall be released on aftercare on or before his or her 20th
25birthday or upon completion of the maximum term of confinement
26ordered by the court under Section 5-710 of the Juvenile Court



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1Act of 1987, whichever is sooner, to begin serving a period of
2aftercare release under Section 3-3-8.
3    (e) A person who has served the maximum term of
4imprisonment imposed at the time of sentencing less time credit
5for good behavior shall be released on parole to serve a period
6of parole under Section 5-8-1.
7    (f) The Board shall render its decision within a reasonable
8time after hearing and shall state the basis therefor both in
9the records of the Board and in written notice to the person on
10whose application it has acted. In its decision, the Board
11shall set the person's time for parole or aftercare release, or
12if it denies parole or aftercare release it shall provide for a
13rehearing not less frequently than once every year, except that
14the Board may, after denying parole, schedule a rehearing no
15later than 5 years from the date of the parole denial, if the
16Board finds that it is not reasonable to expect that parole
17would be granted at a hearing prior to the scheduled rehearing
18date. If the Board shall parole or release a person, and, if he
19or she is not released within 90 days from the effective date
20of the order granting parole or aftercare release, the matter
21shall be returned to the Board for review.
22    (f-1) If the Board paroles or releases a person who is
23eligible for commitment as a sexually violent person, the
24effective date of the Board's order shall be stayed for 90 days
25for the purpose of evaluation and proceedings under the
26Sexually Violent Persons Commitment Act.



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1    (g) The Board shall maintain a registry of decisions in
2which parole has been granted, which shall include the name and
3case number of the prisoner, the highest charge for which the
4prisoner was sentenced, the length of sentence imposed, the
5date of the sentence, the date of the parole, and the basis for
6the decision of the Board to grant parole and the vote of the
7Board on any such decisions. The registry shall be made
8available for public inspection and copying during business
9hours and shall be a public record pursuant to the provisions
10of the Freedom of Information Act.
11    (h) The Board shall promulgate rules regarding the exercise
12of its discretion under this Section.
13(Source: P.A. 97-522, eff. 1-1-12; 97-1075, eff. 8-24-12;
1498-558, eff. 1-1-14.)
15    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
16    Sec. 3-3-8. Length of parole, aftercare release, and
17mandatory supervised release; discharge.)
18    (a) The length of parole for a person sentenced under the
19law in effect prior to the effective date of this amendatory
20Act of 1977 and the length of mandatory supervised release for
21those sentenced under the law in effect on and after such
22effective date shall be as set out in Section 5-8-1 unless
23sooner terminated under paragraph (b) of this Section. The
24aftercare release period of a juvenile committed to the
25Department under the Juvenile Court Act or the Juvenile Court



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1Act of 1987 shall be as set out in Section 5-750 of the
2Juvenile Court Act of 1987 extend until he or she is 21 years
3of age unless sooner terminated under paragraph (b) of this
4Section or under the Juvenile Court Act of 1987.
5    (b) The Prisoner Review Board may enter an order releasing
6and discharging one from parole, aftercare release, or
7mandatory supervised release, and his or her commitment to the
8Department, when it determines that he or she is likely to
9remain at liberty without committing another offense.
10    (b-1) Provided that the subject is in compliance with the
11terms and conditions of his or her parole, aftercare release,
12or mandatory supervised release, the Prisoner Review Board may
13reduce the period of a parolee or releasee's parole, aftercare
14release, or mandatory supervised release by 90 days upon the
15parolee or releasee receiving a high school diploma or upon
16passage of high school equivalency testing during the period of
17his or her parole, aftercare release, or mandatory supervised
18release. This reduction in the period of a subject's term of
19parole, aftercare release, or mandatory supervised release
20shall be available only to subjects who have not previously
21earned a high school diploma or who have not previously passed
22high school equivalency testing.
23    (c) The order of discharge shall become effective upon
24entry of the order of the Board. The Board shall notify the
25clerk of the committing court of the order. Upon receipt of
26such copy, the clerk shall make an entry on the record judgment



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1that the sentence or commitment has been satisfied pursuant to
2the order.
3    (d) Rights of the person discharged under this Section
4shall be restored under Section 5-5-5. This Section is subject
5to Section 5-750 of the Juvenile Court Act of 1987.
6(Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14; 98-718,
7eff. 1-1-15.)
8    (730 ILCS 5/3-3-10)  (from Ch. 38, par. 1003-3-10)
9    Sec. 3-3-10. Eligibility after Revocation; Release under
11    (a) A person whose parole, aftercare release, or mandatory
12supervised release has been revoked may be reparoled or
13rereleased by the Board at any time to the full parole,
14aftercare release, or mandatory supervised release term under
15Section 3-3-8, except that the time which the person shall
16remain subject to the Board shall not exceed (1) the imposed
17maximum term of imprisonment or confinement and the parole term
18for those sentenced under the law in effect prior to the
19effective date of this amendatory Act of 1977 or (2) the term
20of imprisonment imposed by the court and the mandatory
21supervised release term for those sentenced under the law in
22effect on and after such effective date.
23    (b) If the Board sets no earlier release date:
24        (1) A person sentenced for any violation of law which
25    occurred before January 1, 1973, shall be released under



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1    supervision 6 months prior to the expiration of his or her
2    maximum sentence of imprisonment less good time credit
3    under Section 3-6-3.
4        (2) Any person who has violated the conditions of his
5    or her parole or aftercare release and been reconfined
6    under Section 3-3-9 shall be released under supervision 6
7    months prior to the expiration of the term of his or her
8    reconfinement under paragraph (a) of Section 3-3-9 less
9    good time credit under Section 3-6-3. This paragraph shall
10    not apply to persons serving terms of mandatory supervised
11    release or aftercare release.
12        (3) Nothing herein shall require the release of a
13    person who has violated his or her parole within 6 months
14    of the date when his or her release under this Section
15    would otherwise be mandatory.
16    (c) Persons released under this Section shall be subject to
17Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
183-14-3, and 3-14-4.
19(Source: P.A. 98-558, eff. 1-1-14.)