Bill Text: IL HB0333 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that if a minor has previously been placed on probation for an offense that involves the use or possession of a firearm, the court may not place the minor on probation for any subsequent offense involving the use or possession of a firearm. Provides that a minor convicted of a subsequent offense involving the use or possession of a firearm shall result in a mandatory sentence of no less than 6 months confinement to the Department of Juvenile Justice with the Department providing services including, but not limited to, education, mental health, drug treatment, and mentoring.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0333 Detail]

Download: Illinois-2019-HB0333-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0333 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-715
705 ILCS 405/5-750
Amends the Juvenile Court Act of 1987. Provides that if a minor has previously been placed on probation for an offense that involves the use or possession of a firearm, the court may not place the minor on probation for any subsequent offense involving the use or possession of a firearm. Provides that a minor convicted of a subsequent offense involving the use or possession of a firearm shall result in a mandatory sentence of no less than 6 months confinement to the Department of Juvenile Justice with the Department providing services including, but not limited to, education, mental health, drug treatment, and mentoring.
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A BILL FOR
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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 5-715 and 5-750 as follows:
(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. 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 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

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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;

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(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

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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;

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(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

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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 placed in the guardianship or custody of the
Department of Children and Family Services 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,

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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

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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.
(7) If a minor has previously been placed on probation for
an offense that involves the use or possession of a firearm,
the court may not place the minor on probation for any
subsequent offense involving the use or possession of a
firearm.
(Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile
Justice.
(1) Except as provided in subsection (2) of this Section,
when any delinquent has been adjudged a ward of the court under

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

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indicating whether the minor has ever been diagnosed with a
health issue and if so what services were provided and
whether the minor was compliant with services.
(F) Community based services that have been provided to
the minor, and whether the minor was compliant with the
services, and the reason the services were unsuccessful.
(G) Services within the Department of Juvenile Justice
that will meet the individualized needs of the minor.
(1.5) Before the court commits a minor to the Department of
Juvenile Justice, the court must find reasonable efforts have
been made to prevent or eliminate the need for the minor to be
removed from the home, or reasonable efforts cannot, at this
time, for good cause, prevent or eliminate the need for
removal, and removal from home is in the best interests of the
minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder, the
court shall declare the minor a ward of the court and order the
minor committed to the Department of Juvenile Justice until the
minor's 21st birthday, without the possibility of aftercare
release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the
Department of Juvenile Justice, except that the time that a
minor spent in custody for the instant offense before being
committed to the Department of Juvenile Justice shall be
considered as time credited towards that 5 year period. Upon

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release from a Department facility, a minor adjudged delinquent
for first degree murder shall be placed on aftercare release
until the age of 21, unless sooner discharged from aftercare
release or custodianship is otherwise terminated in accordance
with this Act or as otherwise provided for by law. Nothing in
this subsection (2) shall preclude the State's Attorney from
seeking to prosecute a minor as an adult as an alternative to
proceeding under this Act.
(2.5) A minor convicted of a subsequent offense involving
the use or possession of a firearm shall result in a mandatory
sentence of no less than 6 months confinement to the Department
of Juvenile Justice with the Department providing services
including, but not limited to, education, mental health, drug
treatment, and mentoring.
(3) Except as provided in subsection (2) and (2.5), the
commitment of a delinquent to the Department of Juvenile
Justice shall be for an indeterminate term which shall
automatically terminate upon the delinquent attaining the age
of 21 years or upon completion of that period for which an
adult could be committed for the same act, whichever occurs
sooner, unless the delinquent is sooner discharged from
aftercare release or custodianship is otherwise terminated in
accordance with this Act or as otherwise provided for by law.
(3.5) Every delinquent minor committed to the Department of
Juvenile Justice under this Act shall be eligible for aftercare
release without regard to the length of time the minor has been

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confined or whether the minor has served any minimum term
imposed. Aftercare release shall be administered by the
Department of Juvenile Justice, under the direction of the
Director. Unless sooner discharged, the Department of Juvenile
Justice shall discharge a minor from aftercare release upon
completion of the following aftercare release terms:
(a) One and a half years from the date a minor is
released from a Department facility, if the minor was
committed for a Class X felony;
(b) One year from the date a minor is released from a
Department facility, if the minor was committed for a Class
1 or 2 felony; and
(c) Six months from the date a minor is released from a
Department facility, if the minor was committed for a Class
3 felony or lesser offense.
(4) When the court commits a minor to the Department of
Juvenile Justice, it shall order him or her conveyed forthwith
to the appropriate reception station or other place designated
by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the minor. The
clerk of the court shall issue to the Director of Juvenile
Justice a certified copy of the order, which constitutes proof
of the Director's authority. No other process need issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile
Justice, the clerk of the court shall forward to the

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Department:
(a) the sentencing order and copies of committing
petition;
(b) all reports;
(c) the court's statement of the basis for ordering the
disposition;
(d) any sex offender evaluations;
(e) any risk assessment or substance abuse treatment
eligibility screening and assessment of the minor by an
agent designated by the State to provide assessment
services for the courts;
(f) the number of days, if any, which the minor has
been in custody and for which he or she is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(g) any medical or mental health records or summaries
of the minor;
(h) the municipality where the arrest of the minor
occurred, the commission of the offense occurred, and the
minor resided at the time of commission;
(h-5) a report detailing the minor's criminal history
in a manner and form prescribed by the Department of
Juvenile Justice; and
(i) all additional matters which the court directs the
clerk to transmit.
(6) Whenever the Department of Juvenile Justice lawfully

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discharges from its custody and control a minor committed to
it, the Director of Juvenile Justice shall petition the court
for an order terminating his or her custodianship. The
custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to
the Department of Juvenile Justice is charged under the
criminal laws of this State with an offense that could result
in a sentence of imprisonment within the Department of
Corrections, the commitment to the Department of Juvenile
Justice and all rights and duties created by that commitment
are automatically suspended pending final disposition of the
criminal charge. If the minor is found guilty of the criminal
charge and sentenced to a term of imprisonment in the
penitentiary system of the Department of Corrections, the
commitment to the Department of Juvenile Justice shall be
automatically terminated. If the criminal charge is dismissed,
the minor is found not guilty, or the minor completes a
criminal sentence other than imprisonment within the
Department of Corrections, the previously imposed commitment
to the Department of Juvenile Justice and the full aftercare
release term shall be automatically reinstated unless
custodianship is sooner terminated. Nothing in this subsection
(7) shall preclude the court from ordering another sentence
under Section 5-710 of this Act or from terminating the
Department's custodianship while the commitment to the

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Department is suspended.
(Source: P.A. 99-268, eff. 1-1-16; 100-765, eff. 8-10-18.)