Public Act 099-0879
 
HB6291 EnrolledLRB099 19347 SLF 43739 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Sections 5-710 and 5-715 as follows:
 


    (705 ILCS 405/5-710)

    Sec. 5-710. Kinds of sentencing orders. 

    (1) The following kinds of sentencing orders may be made in 
respect of
wards of the court:

        (a) Except as provided in Sections 5-805, 5-810, 5-815, 
    a minor who is
found
guilty under Section 5-620 may be:

            (i) put on probation or conditional discharge and 
        released to his or her
parents, guardian or legal 
        custodian, provided, however, that any such minor
who 
        is not committed to the Department of Juvenile Justice 
        under
this subsection and who is found to be a 
        delinquent for an offense which is
first degree murder, 
        a Class X felony, or a forcible felony shall be placed 
        on
probation;

            (ii) placed in accordance with Section 5-740, with 
        or without also being
put on probation or conditional 
        discharge;

            (iii) required to undergo a substance abuse 
        assessment conducted by a
licensed provider and 
        participate in the indicated clinical level of care;

            (iv) on and after the effective date of this 
        amendatory Act of the 98th General Assembly and before 
        January 1, 2017, placed in the guardianship of the 
        Department of Children and Family
Services, but only if 
        the delinquent minor is under 16 years of age or, 
        pursuant to Article II of this Act,  a minor for whom an 
        independent basis of abuse, neglect, or dependency 
        exists.  On and after January 1, 2017, placed in the 
        guardianship of the Department of Children and Family

        Services, but only if the delinquent minor is under 15 
        years of age or, pursuant to Article II of this Act,  a 
        minor for whom an independent basis of abuse, neglect, 
        or dependency exists. An independent basis exists when 
        the allegations or adjudication of abuse, neglect, or 
        dependency do not arise from the same facts, incident, 
        or circumstances which  give rise to a charge or 
        adjudication of delinquency;

            (v) placed in detention for a period not to exceed 
        30 days, either as
the
exclusive order of disposition 
        or, where appropriate, in conjunction with any
other 
        order of disposition issued under this paragraph, 
        provided that any such
detention shall be in a juvenile 
        detention home and the minor so detained shall
be 10 
        years of age or older.  However, the 30-day limitation 
        may be extended by
further order of the court for a 
        minor under age 15 committed to the Department
of 
        Children and Family Services if the court finds that 
        the minor is a danger
to himself or others.  The minor 
        shall be given credit on the sentencing order
of 
        detention for time spent in detention under Sections 
        5-501, 5-601, 5-710, or
5-720 of this
Article as a 
        result of the offense for which the sentencing order 
        was imposed.
The court may grant credit on a sentencing 
        order of detention entered under a
violation of 
        probation or violation of conditional discharge under 
        Section
5-720 of this Article for time spent in 
        detention before the filing of the
petition
alleging 
        the violation.  A minor shall not be deprived of credit 
        for time spent
in detention before the filing of a 
        violation of probation or conditional
discharge 
        alleging the same or related act or acts.  The 
        limitation that the minor shall only be placed in a 
        juvenile detention home does not apply as follows:
            Persons 18 years of age and older who have a 
        petition of delinquency filed against them may be 
        confined in an adult detention facility. In making a 
        determination whether to confine a person 18 years of 
        age or older who has a petition of delinquency filed 
        against the person, these factors, among other 
        matters, shall be considered:
                (A) the age of the person;
                (B) any previous delinquent or criminal 
            history of the person;
                (C) any previous abuse or neglect history of 
            the person;
                (D) any mental health history of the person; 
            and
                (E)  any educational history of the person;

            (vi) ordered partially or completely emancipated 
        in accordance with the
provisions of the Emancipation 
        of Minors Act;

            (vii) subject to having his or her driver's license 
        or driving
privileges
suspended for such time as 
        determined by the court but only until he or she

        attains 18 years of age;

            (viii) put on probation or conditional discharge 
        and placed in detention
under Section 3-6039 of the 
        Counties Code for a period not to exceed the period
of 
        incarceration permitted by law for adults found guilty 
        of the same offense
or offenses for which the minor was 
        adjudicated delinquent, and in any event no
longer than 
        upon attainment of age 21; this subdivision (viii) 
        notwithstanding
any contrary provision of the law; 

            (ix) ordered to undergo a medical or other 
        procedure to have a tattoo
symbolizing allegiance to a 
        street gang removed from his or her body; or
            (x)  placed in electronic home detention under Part 
        7A of this Article.

        (b) A minor found to be guilty may be committed to the 
    Department of
Juvenile Justice under Section 5-750 if the 
    minor is at least 13 years and under 20 years of age,

    provided that the commitment to the Department of Juvenile 
    Justice shall be made only if a term of imprisonment in the 
    penitentiary system of the Department of Corrections is 
    permitted by law for
adults found guilty of the offense for 
    which the minor was adjudicated
delinquent. The court shall 
    include in the sentencing order any pre-custody credits the 
    minor is entitled to under Section 5-4.5-100 of the Unified 
    Code of Corrections.  The  time during which a minor is in 
    custody before being released
upon the request of a parent, 
    guardian or legal custodian shall also be considered
as 
    time spent in custody.

        (c) When a minor is found to be guilty for an offense 
    which is a violation
of the Illinois Controlled Substances 
    Act, the Cannabis Control Act, or the Methamphetamine 
    Control and Community Protection Act  and made
a ward of the 
    court, the court may enter a disposition order requiring 
    the
minor to undergo assessment,
counseling or treatment in 
    a substance abuse program approved by the Department
of 
    Human Services.

    (2) Any sentencing order other than commitment to the 
Department of
Juvenile Justice may provide for protective 
supervision under
Section 5-725 and may include an order of 
protection under Section 5-730.

    (3) Unless the sentencing order expressly so provides, it 
does not operate
to close proceedings on the pending petition, 
but is subject to modification
until final closing and 
discharge of the proceedings under Section 5-750.

    (4) In addition to any other sentence, the court may order 
any
minor
found to be delinquent to make restitution, in 
monetary or non-monetary form,
under the terms and conditions 
of Section 5-5-6 of the Unified Code of
Corrections, except 
that the "presentencing hearing" referred to in that
Section

shall be
the sentencing hearing for purposes of this Section.  
The parent, guardian or
legal custodian of the minor may be 
ordered by the court to pay some or all of
the restitution on 
the minor's behalf, pursuant to the Parental Responsibility

Law.   The State's Attorney is authorized to act
on behalf of any 
victim in seeking restitution in proceedings under this

Section, up to the maximum amount allowed in Section 5 of the 
Parental
Responsibility Law.

    (5) Any sentencing order where the minor is committed or 
placed in
accordance
with Section 5-740 shall provide for the 
parents or guardian of the estate of
the minor to pay to the 
legal custodian or guardian of the person of the minor
such 
sums as are determined by the custodian or guardian of the 
person of the
minor as necessary for the minor's needs.  The 
payments may not exceed the
maximum amounts provided for by 
Section 9.1 of the Children and Family Services
Act.

    (6) Whenever the sentencing order requires the minor to 
attend school or
participate in a program of training, the 
truant officer or designated school
official shall regularly 
report to the court if the minor is a chronic or
habitual 
truant under Section 26-2a of the School Code. Notwithstanding 
any other provision of this Act, in instances in which 
educational services are to be provided to a minor in a 
residential facility where the minor has been placed by the 
court, costs incurred in the provision of those educational 
services must be allocated based on the requirements of the 
School Code. 

    (7) In no event shall a guilty minor be committed to the 
Department of
Juvenile Justice for a period of time in
excess 
of
that period for which an adult could be committed for the 
same act. The court shall include in the sentencing order a 
limitation on the period of confinement not to exceed the 
maximum period of imprisonment the court could impose under 
Article V of the Unified Code of Corrections. 

    (7.5) In no event shall a guilty minor be committed to the 
Department of Juvenile Justice or placed in detention when the 
act for which the minor was adjudicated delinquent would not be 
illegal if committed by an adult. 
    (7.75) In no event shall a guilty minor be committed to the 
Department of Juvenile Justice for an offense that is a Class 3 
or Class 4 felony violation of the Illinois Controlled 
Substances Act unless the commitment occurs upon a third or 
subsequent judicial finding of a violation of probation for 
substantial noncompliance with court ordered treatment or 
programming.
    (8) A minor found to be guilty for reasons that include a 
violation of
Section 21-1.3 of the Criminal Code of 1961 or the 
Criminal Code of 2012 shall be ordered to perform
community 
service for not less than 30 and not more than 120 hours, if

community service is available in the jurisdiction.  The 
community service
shall include, but need not be limited to, 
the cleanup and repair of the damage
that was caused by the 
violation or similar damage to property located in the

municipality or county in which the violation occurred.  The 
order may be in
addition to any other order authorized by this 
Section.

    (8.5) A minor found to be guilty for reasons that include a 
violation of
Section
3.02 or Section 3.03 of the Humane Care 
for Animals Act or paragraph (d) of
subsection (1) of
Section 
21-1 of
the Criminal Code
of
1961 or paragraph (4) of 
subsection (a) of Section 21-1 of the Criminal Code of 2012 
shall be ordered to undergo medical or psychiatric treatment 
rendered by
a
psychiatrist or psychological treatment rendered 
by a clinical psychologist.
The order
may be in addition to any 
other order authorized by this Section.

    (9) In addition to any other sentencing order, the court 
shall order any
minor found
to be guilty for an act which would 
constitute, predatory criminal sexual
assault of a child, 
aggravated criminal sexual assault, criminal sexual
assault, 
aggravated criminal sexual abuse, or criminal sexual abuse if

committed by an
adult to undergo medical testing to determine 
whether the defendant has any
sexually transmissible disease 
including a test for infection with human
immunodeficiency 
virus (HIV) or any other identified causative agency of

acquired immunodeficiency syndrome (AIDS).  Any medical test 
shall be performed
only by appropriately licensed medical 
practitioners and may include an
analysis of any bodily fluids 
as well as an examination of the minor's person.
Except as 
otherwise provided by law, the results of the test shall be 
kept
strictly confidential by all medical personnel involved in 
the testing and must
be personally delivered in a sealed 
envelope to the judge of the court in which
the sentencing 
order was entered for the judge's inspection in camera.  Acting

in accordance with the best interests of the victim and the 
public, the judge
shall have the discretion to determine to 
whom the results of the testing may
be revealed.  The court 
shall notify the minor of the results of the test for
infection 
with the human immunodeficiency virus (HIV).  The court shall 
also
notify the victim if requested by the victim, and if the 
victim is under the
age of 15 and if requested by the victim's 
parents or legal guardian, the court
shall notify the victim's 
parents or the legal guardian, of the results of the
test for 
infection with the human immunodeficiency virus (HIV).  The 
court
shall provide information on the availability of HIV 
testing and counseling at
the Department of Public Health 
facilities to all parties to whom the
results of the testing 
are revealed.  The court shall order that the cost of
any test 
shall be paid by the county and may be taxed as costs against 
the
minor.

    (10) When a court finds a minor to be guilty the court 
shall, before
entering a sentencing order under this Section, 
make a finding whether the
offense committed either:  (a) was 
related to or in furtherance of the criminal
activities of an 
organized gang or was motivated by the minor's membership in
or 
allegiance to an organized gang, or (b) involved a violation of

subsection (a) of Section 12-7.1 of the Criminal Code of 1961 
or the Criminal Code of 2012, a violation of
any
Section of 
Article 24 of the Criminal Code of 1961 or the Criminal Code of 
2012,  or a violation of any
statute that involved the wrongful 
use of a firearm.  If the court determines
the question in the 
affirmative,
and the court does not commit the minor to the 
Department of Juvenile Justice, the court shall order the minor 
to perform community service
for not less than 30 hours nor 
more than 120 hours, provided that community
service is 
available in the jurisdiction and is funded and approved by the

county board of the county where the offense was committed.  The 
community
service shall include, but need not be limited to, 
the cleanup and repair of
any damage caused by a violation of 
Section 21-1.3 of the Criminal Code of 1961 or the Criminal 
Code of 2012
and similar damage to property located in the 
municipality or county in which
the violation occurred.  When 
possible and reasonable, the community service
shall be 
performed in the minor's neighborhood.  This order shall be in

addition to any other order authorized by this Section
except 
for an order to place the minor in the custody of the 
Department of
Juvenile Justice.  For the purposes of this 
Section, "organized
gang" has the meaning ascribed to it in 
Section 10 of the Illinois Streetgang
Terrorism Omnibus 
Prevention Act.

    (11) If the court determines that the offense was committed 
in furtherance of the criminal activities of an organized gang, 
as provided in subsection (10), and that the offense involved 
the operation or use of a motor vehicle or the use of a 
driver's license or permit, the court shall notify the 
Secretary of State of that determination and of the period for 
which the minor shall be denied driving privileges. If, at the 
time of the determination, the minor does not hold a driver's 
license or permit, the court shall provide that the minor shall 
not be issued a driver's license or permit until his or her 
18th birthday. If the minor holds a driver's license or permit 
at the time of the determination, the court shall provide that 
the minor's driver's license or permit shall be revoked until 
his or her 21st birthday, or until a later date or occurrence 
determined by the court. If the minor holds a driver's license 
at the time of the determination, the court may direct the 
Secretary of State to issue the minor a judicial driving 
permit, also known as a JDP. The JDP shall be subject to the 
same terms as a JDP issued under Section 6-206.1 of the 
Illinois Vehicle Code, except that the court may direct that 
the JDP be effective immediately.

    (12) If a minor is found to be guilty of a violation of

subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
by Minors Act, the
court may, in its discretion, and upon

recommendation by the State's Attorney, order that minor and 
his or her parents
or legal
guardian to attend a smoker's 
education or youth diversion program as defined
in that Act if 
that
program is available in the jurisdiction where the 
offender resides.
Attendance at a smoker's education or youth 
diversion program
shall be time-credited against any community 
service time imposed for any
first violation of subsection 
(a-7) of Section 1 of that Act.  In addition to any
other

penalty
that the court may impose for a violation of subsection 
(a-7) of Section 1 of
that Act, the
court, upon request by the 
State's Attorney, may in its discretion
require
the offender to 
remit a fee for his or her attendance at a smoker's
education 
or
youth diversion program.

    For purposes of this Section, "smoker's education program" 
or "youth
diversion program" includes, but is not limited to, a 
seminar designed to
educate a person on the physical and 
psychological effects of smoking tobacco
products and the 
health consequences of smoking tobacco products that can be

conducted with a locality's youth diversion program.


    In addition to any other penalty that the court may impose 
under this
subsection
(12):


        (a) If a minor violates subsection (a-7) of Section 1 
    of the Prevention of
Tobacco Use by Minors Act, the court 
    may
impose a sentence of 15 hours of
community service or a 
    fine of $25 for a first violation.

        (b) A second violation by a minor of subsection (a-7) 
    of Section 1 of that Act
that occurs
within 12 months after 
    the first violation is punishable by a fine of $50 and
25

    hours of community service.

        (c) A third or subsequent violation by a minor of 
    subsection (a-7) of Section
1 of that Act
that
occurs 
    within 12 months after the first violation is punishable by 
    a $100
fine
and 30 hours of community service.

        (d) Any second or subsequent violation not within the 
    12-month time period
after the first violation is 
    punishable as provided for a first violation.

(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; 
99-268, eff. 1-1-16.)
 
    (705 ILCS 405/5-715)

    Sec. 5-715. Probation.

    (1) The period of probation or conditional discharge shall 
not exceed 5
years or until the minor has attained the age of 
21 years, whichever is less,
except as provided in this Section 
for a minor who is found to be guilty
for an offense which is 
first degree murder, a Class X felony or a forcible
felony.  The 
juvenile court may terminate probation or
conditional 
discharge and discharge the minor at any time if warranted by 
the
conduct of the minor and the ends of justice;  provided, 
however, that the
period of probation for a minor who is found 
to be guilty for an offense which
is first degree murder, a 
Class X felony, or a forcible felony shall be at
least 5 years.


    (1.5) The period of probation for a minor who is found 
guilty of aggravated criminal sexual assault, criminal sexual 
assault, or aggravated battery with a firearm shall be at least 
36 months. The period of probation for a minor who is found to 
be guilty of any other Class X felony shall be at least 24 
months.  The period of probation for a Class 1 or Class 2 
forcible felony shall be at least 18 months. Regardless of the 
length of probation ordered by the court, for all offenses 
under this paragraph (1.5), the court shall schedule hearings 
to determine whether it is in the best interest of the minor 
and public safety to terminate probation after the minimum 
period of probation has been served.  In such a hearing, there 
shall be a rebuttable presumption that it is in the best 
interest of the minor and public safety to terminate probation.
    (2) The court may as a condition of probation or of 
conditional discharge
require that the minor:


        (a) not violate any criminal statute of any 
    jurisdiction;


        (b) make a report to and appear in person before any 
    person or agency as
directed by the court;


        (c) work or pursue a course of study or vocational 
    training;


        (d) undergo medical or psychiatric treatment, rendered 
    by a psychiatrist
or
psychological treatment rendered by a 
    clinical psychologist or social work
services rendered by a 
    clinical social worker, or treatment for drug addiction
or 
    alcoholism;


        (e) attend or reside in a facility established for the 
    instruction or
residence of persons on probation;


        (f) support his or her dependents, if any;


        (g) refrain from possessing a firearm or other 
    dangerous weapon, or an
automobile;


        (h) permit the probation officer to visit him or her at 
    his or her home or
elsewhere;


        (i) reside with his or her parents or in a foster home;


        (j) attend school;


        (j-5) with the consent of the superintendent
of the

    facility,
attend an educational program at a facility other 
    than the school
in which the
offense was committed if he
or 
    she committed a crime of violence as
defined in
Section 2 
    of the Crime Victims Compensation Act in a school, on the

    real
property
comprising a school, or within 1,000 feet of 
    the real property comprising a
school;


        (k) attend a non-residential program for youth;


        (l) make restitution under the terms of subsection (4) 
    of Section 5-710;


        (m) contribute to his or her own support at home or in 
    a foster home;


        (n) perform some reasonable public or community 
    service;


        (o) participate with community corrections programs 
    including unified
delinquency intervention services 
    administered by the Department of Human
Services
subject to 
    Section 5 of the Children and Family Services Act;


        (p) pay costs;


        (q) serve a term of home confinement.  In addition to 
    any other applicable
condition of probation or conditional 
    discharge, the conditions of home
confinement shall be that 
    the minor:


            (i) remain within the interior premises of the 
        place designated for his
or her confinement during the 
        hours designated by the court;


            (ii) admit any person or agent designated by the 
        court into the minor's
place of confinement at any time 
        for purposes of verifying the minor's
compliance with 
        the conditions of his or her confinement;  and


            (iii) use an approved electronic monitoring device 
        if ordered by the
court subject to Article 8A of 
        Chapter V of the Unified Code of Corrections;


        (r) refrain from entering into a designated geographic 
    area except upon
terms as the court finds appropriate.  The 
    terms may include consideration of
the purpose of the 
    entry, the time of day, other persons accompanying the

    minor, and advance approval by a probation officer, if the 
    minor has been
placed on probation, or advance approval by 
    the court, if the minor has been
placed on conditional 
    discharge;


        (s) refrain from having any contact, directly or 
    indirectly, with certain
specified persons or particular 
    types of persons, including but not limited to
members of 
    street gangs and drug users or dealers;


        (s-5) undergo a medical or other procedure to have a 
    tattoo symbolizing
allegiance to a street
gang removed from 
    his or her body;


        (t) refrain from having in his or her body the presence 
    of any illicit
drug
prohibited by the Cannabis Control Act, 
    the Illinois Controlled Substances
Act, or the 
    Methamphetamine Control and Community Protection Act, 
    unless prescribed
by a physician, and shall submit samples 
    of his or her blood or urine or both
for tests to determine 
    the presence of any illicit drug; or


        (u) comply with other conditions as may be ordered by 
    the court.


    (3) The court may as a condition of probation or of 
conditional discharge
require that a minor found guilty on any 
alcohol, cannabis, methamphetamine, or
controlled substance 
violation, refrain from acquiring a driver's license
during the 
period of probation or conditional discharge.  If the minor is 
in
possession of a permit or license, the court may require 
that the minor refrain
from driving or operating any motor 
vehicle during the period of probation or
conditional 
discharge, except as may be necessary in the course of the 
minor's
lawful
employment.


    (3.5) The court shall, as a condition of probation or of 
conditional
discharge,
require that a minor found to be guilty 
and placed on probation for reasons
that include a
violation of 
Section 3.02 or Section 3.03 of the Humane Care for Animals Act 
or
paragraph
(4) of subsection (a) of Section 21-1 of the

Criminal Code of 2012 undergo medical or psychiatric treatment 
rendered by a
psychiatrist or psychological treatment rendered 
by a clinical psychologist.
The
condition may be in addition to 
any other condition.


    (3.10) The court shall order that a minor placed on 
probation or
conditional discharge for a sex offense as defined 
in the Sex Offender
Management Board Act undergo and 
successfully complete sex offender treatment.
The treatment 
shall be in conformance with the standards developed under
the 
Sex Offender Management Board Act  and conducted by a treatment 
provider
approved by the Board.  The treatment shall be at the 
expense of the person
evaluated based upon that person's 
ability to pay for the treatment.


    (4) A minor on probation or conditional discharge shall be 
given a
certificate setting forth the conditions upon which he 
or she is being
released.


    (5) The court shall impose upon a minor placed on probation 
or conditional
discharge, as a condition of the probation or 
conditional discharge, a fee of
$50 for each month of probation 
or conditional discharge supervision ordered by
the court, 
unless after determining the inability of the minor placed on

probation or conditional discharge to pay the fee, the court 
assesses a lesser
amount.  The court may not impose the fee on a 
minor who is made a ward of the
State under this Act while the 
minor is in placement.  The fee shall be
imposed only upon a 
minor who is actively supervised by the probation and court

services department.  The court may order the parent, guardian, 
or legal
custodian of the minor to pay some or all of the fee on 
the minor's behalf.


    (5.5)  Jurisdiction over an offender may be transferred from 
the
sentencing court to the court of another circuit with the 
concurrence
of both courts. Further transfers or retransfers of 
jurisdiction are
also authorized in the same manner. The court 
to which jurisdiction has
been transferred shall have the same 
powers as the sentencing court.
The probation department within 
the circuit to which jurisdiction has
been transferred, or 
which has agreed to provide supervision, may
impose probation 
fees upon receiving the transferred offender, as
provided in 
subsection (i) of Section 5-6-3 of the Unified Code of 
Corrections. For all transfer cases, as defined in
Section 9b 
of the Probation and Probation Officers Act, the probation

department from the original sentencing court shall retain all

probation fees collected prior to the transfer.  After the 
transfer, all
probation fees shall be paid to the probation 
department within the
circuit to which jurisdiction has been 
transferred. 
    If the transfer case originated in another state and has 
been transferred under the Interstate Compact for Juveniles to 
the jurisdiction of an Illinois circuit court for supervision 
by an Illinois probation department, probation fees may be 
imposed only if permitted by the Interstate Commission for 
Juveniles. 
    (6) The General Assembly finds that in order to protect the 
public, the
juvenile justice system must compel compliance with 
the conditions of probation
by responding to violations with 
swift, certain, and fair punishments and
intermediate 
sanctions.  The Chief Judge of each circuit shall adopt a system

of structured, intermediate sanctions for violations of the 
terms and
conditions of a sentence of supervision, probation or 
conditional discharge,
under this
Act.


    The court shall provide as a condition of a disposition of 
probation,
conditional discharge, or supervision, that the 
probation agency may invoke any
sanction from the list of 
intermediate sanctions adopted by the chief judge of
the 
circuit court for violations of the terms and conditions of the 
sentence of
probation, conditional discharge, or supervision, 
subject to the provisions of
Section 5-720 of this Act.


(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 
98-575, eff. 1-1-14.)

  
 

    Section 99. Effective date. This Act take shall take effect 
on January 1, 2017.


Effective Date:  1/1/2017