Bill Amendment: IL HB1096 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COURTS-TECH
Status: 2016-04-28 - House Floor Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB1096 Detail]
Download: Illinois-2015-HB1096-House_Amendment_001.html
Bill Title: COURTS-TECH
Status: 2016-04-28 - House Floor Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB1096 Detail]
Download: Illinois-2015-HB1096-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1096
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2 | AMENDMENT NO. ______. Amend House Bill 1096 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Section 5-715 as follows:
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6 | (705 ILCS 405/5-715)
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7 | Sec. 5-715. Probation.
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8 | (1) The period of probation or conditional discharge shall | ||||||
9 | not exceed 5
years or until the minor has attained the age of | ||||||
10 | 21 years, whichever is less,
except as provided in this Section | ||||||
11 | for a minor who is found to be guilty
for an offense which is | ||||||
12 | first degree murder, a Class X felony or a forcible
felony. The | ||||||
13 | juvenile court may terminate probation or
conditional | ||||||
14 | discharge and discharge the minor at any time if warranted by | ||||||
15 | the
conduct of the minor and the ends of justice; provided, | ||||||
16 | however, that the
period of probation for a minor who is found |
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1 | to be guilty for an offense which
is first degree murder, a | ||||||
2 | Class X felony, or a forcible felony shall be at
least 5 years.
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3 | (2) The court may as a condition of probation or of | ||||||
4 | conditional discharge
require that the minor:
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5 | (a) not violate any criminal statute of any | ||||||
6 | jurisdiction;
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7 | (b) make a report to and appear in person before any | ||||||
8 | person or agency as
directed by the court;
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9 | (c) work or pursue a course of study or vocational | ||||||
10 | training;
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11 | (d) undergo medical or psychiatric treatment, rendered | ||||||
12 | by a psychiatrist
or
psychological treatment rendered by a | ||||||
13 | clinical psychologist or social work
services rendered by a | ||||||
14 | clinical social worker, or treatment for drug addiction
or | ||||||
15 | alcoholism;
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16 | (e) attend or reside in a facility established for the | ||||||
17 | instruction or
residence of persons on probation;
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18 | (f) support his or her dependents, if any;
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19 | (g) refrain from possessing a firearm or other | ||||||
20 | dangerous weapon, or an
automobile;
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21 | (h) permit the probation officer to visit him or her at | ||||||
22 | his or her home or
elsewhere;
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23 | (i) reside with his or her parents or in a foster home;
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24 | (j) attend school;
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25 | (j-5) with the consent of the superintendent
of the
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26 | facility,
attend an educational program at a facility other |
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1 | than the school
in which the
offense was committed if he
or | ||||||
2 | she committed a crime of violence as
defined in
Section 2 | ||||||
3 | of the Crime Victims Compensation Act in a school, on the
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4 | real
property
comprising a school, or within 1,000 feet of | ||||||
5 | the real property comprising a
school;
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6 | (k) attend a non-residential program for youth;
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7 | (l) make restitution under the terms of subsection (4) | ||||||
8 | of Section 5-710;
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9 | (m) contribute to his or her own support at home or in | ||||||
10 | a foster home;
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11 | (n) perform some reasonable public or community | ||||||
12 | service;
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13 | (o) participate with community corrections programs | ||||||
14 | including unified
delinquency intervention services | ||||||
15 | administered by the Department of Human
Services
subject to | ||||||
16 | Section 5 of the Children and Family Services Act;
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17 | (p) pay costs;
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18 | (q) serve a term of home confinement. In addition to | ||||||
19 | any other applicable
condition of probation or conditional | ||||||
20 | discharge, the conditions of home
confinement shall be that | ||||||
21 | the minor:
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22 | (i) remain within the interior premises of the | ||||||
23 | place designated for his
or her confinement during the | ||||||
24 | hours designated by the court;
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25 | (ii) admit any person or agent designated by the | ||||||
26 | court into the minor's
place of confinement at any time |
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1 | for purposes of verifying the minor's
compliance with | ||||||
2 | the conditions of his or her confinement; and
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3 | (iii) use an approved electronic monitoring device | ||||||
4 | if ordered by the
court subject to Article 8A of | ||||||
5 | Chapter V of the Unified Code of Corrections;
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6 | (r) refrain from entering into a designated geographic | ||||||
7 | area except upon
terms as the court finds appropriate. The | ||||||
8 | terms may include consideration of
the purpose of the | ||||||
9 | entry, the time of day, other persons accompanying the
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10 | minor, and advance approval by a probation officer, if the | ||||||
11 | minor has been
placed on probation, or advance approval by | ||||||
12 | the court, if the minor has been
placed on conditional | ||||||
13 | discharge;
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14 | (s) refrain from having any contact, directly or | ||||||
15 | indirectly, with certain
specified persons or particular | ||||||
16 | types of persons, including but not limited to
members of | ||||||
17 | street gangs and drug users or dealers;
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18 | (s-5) undergo a medical or other procedure to have a | ||||||
19 | tattoo symbolizing
allegiance to a street
gang removed from | ||||||
20 | his or her body;
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21 | (t) refrain from having in his or her body the presence | ||||||
22 | of any illicit
drug
prohibited by the Cannabis Control Act, | ||||||
23 | the Illinois Controlled Substances
Act, or the | ||||||
24 | Methamphetamine Control and Community Protection Act, | ||||||
25 | unless prescribed
by a physician, and shall submit samples | ||||||
26 | of his or her blood or urine or both
for tests to determine |
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1 | the presence of any illicit drug; or
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2 | (u) comply with other conditions as may be ordered by | ||||||
3 | the court.
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4 | (3) The court may as a condition of probation or of | ||||||
5 | conditional discharge
require that a minor found guilty on any | ||||||
6 | alcohol, cannabis, methamphetamine, or
controlled substance | ||||||
7 | violation, refrain from acquiring a driver's license
during the | ||||||
8 | period of probation or conditional discharge. If the minor is | ||||||
9 | in
possession of a permit or license, the court may require | ||||||
10 | that the minor refrain
from driving or operating any motor | ||||||
11 | vehicle during the period of probation or
conditional | ||||||
12 | discharge, except as may be necessary in the course of the | ||||||
13 | minor's
lawful
employment.
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14 | (3.5) The court shall, as a condition of probation or of | ||||||
15 | conditional
discharge,
require that a minor found to be guilty | ||||||
16 | and placed on probation for reasons
that include a
violation of | ||||||
17 | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | ||||||
18 | or
paragraph
(4) of subsection (a) of Section 21-1 of the
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19 | Criminal Code of 2012 undergo medical or psychiatric treatment | ||||||
20 | rendered by a
psychiatrist or psychological treatment rendered | ||||||
21 | by a clinical psychologist.
The
condition may be in addition to | ||||||
22 | any other condition.
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23 | (3.10) The court shall order that a minor placed on | ||||||
24 | probation or
conditional discharge for a sex offense as defined | ||||||
25 | in the Sex Offender
Management Board Act undergo and | ||||||
26 | successfully complete sex offender treatment.
The treatment |
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1 | shall be in conformance with the standards developed under
the | ||||||
2 | Sex Offender Management Board Act and conducted by a treatment | ||||||
3 | provider
approved by the Board. The treatment shall be at the | ||||||
4 | expense of the person
evaluated based upon that person's | ||||||
5 | ability to pay for the treatment.
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6 | (4) A minor on probation or conditional discharge shall be | ||||||
7 | given a
certificate setting forth the conditions upon which he | ||||||
8 | or she is being
released.
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9 | (5) The court shall impose upon a minor placed on probation | ||||||
10 | or conditional
discharge, as a condition of the probation or | ||||||
11 | conditional discharge, a fee of
$50 for each month of probation | ||||||
12 | or conditional discharge supervision ordered by
the court, | ||||||
13 | unless after determining the inability of the minor placed on
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14 | probation or conditional discharge to pay the fee, the court | ||||||
15 | assesses a lesser
amount. The court may not impose the fee on a | ||||||
16 | minor who is made a ward of the
State under this Act while the | ||||||
17 | minor is in placement. The fee shall be
imposed only upon a | ||||||
18 | minor who is actively supervised by the probation and court
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19 | services department. The court may order the parent, guardian, | ||||||
20 | or legal
custodian of the minor to pay some or all of the fee on | ||||||
21 | the minor's behalf.
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22 | (5.5) Jurisdiction over an offender may be transferred from | ||||||
23 | the
sentencing court to the court of another circuit with the | ||||||
24 | concurrence
of both courts. Further transfers or retransfers of | ||||||
25 | jurisdiction are
also authorized in the same manner. The court | ||||||
26 | to which jurisdiction has
been transferred shall have the same |
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1 | powers as the sentencing court.
The probation department within | ||||||
2 | the circuit to which jurisdiction has
been transferred, or | ||||||
3 | which has agreed to provide supervision, may
impose probation | ||||||
4 | fees upon receiving the transferred offender, as
provided in | ||||||
5 | subsection (i) of Section 5-6-3 of the Unified Code of | ||||||
6 | Corrections. For all transfer cases, as defined in
Section 9b | ||||||
7 | of the Probation and Probation Officers Act, the probation
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8 | department from the original sentencing court shall retain all
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9 | probation fees collected prior to the transfer. After the | ||||||
10 | transfer, all
probation fees shall be paid to the probation | ||||||
11 | department within the
circuit to which jurisdiction has been | ||||||
12 | transferred. | ||||||
13 | If the transfer case originated in another state and has | ||||||
14 | been transferred under the Interstate Compact for Juveniles to | ||||||
15 | the jurisdiction of an Illinois circuit court for supervision | ||||||
16 | by an Illinois probation department, probation fees may be | ||||||
17 | imposed only if permitted by the Interstate Commission for | ||||||
18 | Juveniles. | ||||||
19 | (6) The General Assembly finds that in order to protect the | ||||||
20 | public, the
juvenile justice system must compel compliance with | ||||||
21 | the conditions of probation
by responding to violations with | ||||||
22 | swift, certain, and fair punishments and
intermediate | ||||||
23 | sanctions. The Chief Judge of each circuit shall adopt a system
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24 | of structured, intermediate sanctions for violations of the | ||||||
25 | terms and
conditions of a sentence of supervision, probation or | ||||||
26 | conditional discharge,
under this
Act.
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1 | The court shall provide as a condition of a disposition of | ||||||
2 | probation,
conditional discharge, or supervision, that the | ||||||
3 | probation agency may invoke any
sanction from the list of | ||||||
4 | intermediate sanctions adopted by the chief judge of
the | ||||||
5 | circuit court for violations of the terms and conditions of the | ||||||
6 | sentence of
probation, conditional discharge, or supervision, | ||||||
7 | subject to the provisions of
Section 5-720 of this Act.
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8 | (7) If a minor has previously been placed on probation for | ||||||
9 | an offense that involves the use or possession of a firearm, | ||||||
10 | the court may not place the minor on probation for any | ||||||
11 | subsequent offense involving the use or possession of a | ||||||
12 | firearm. | ||||||
13 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
14 | 98-575, eff. 1-1-14.)".
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