Bill Text: IL HB0990 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB0990 Detail]

Download: Illinois-2023-HB0990-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0990

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 the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring.
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A BILL FOR

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1 AN ACT concerning courts.
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 5-715 and 5-750 as follows:
6 (705 ILCS 405/5-715)
7 Sec. 5-715. Probation.
8 (1) The period of probation or conditional discharge shall
9not exceed 5 years or until the minor has attained the age of
1021 years, whichever is less, except as provided in this
11Section for a minor who is found to be guilty for an offense
12which is first degree murder. The juvenile court may terminate
13probation or conditional discharge and discharge the minor at
14any time if warranted by the conduct of the minor and the ends
15of justice; provided, however, that the period of probation
16for a minor who is found to be guilty for an offense which is
17first degree murder shall be at least 5 years.
18 (1.5) The period of probation for a minor who is found
19guilty of aggravated criminal sexual assault, criminal sexual
20assault, or aggravated battery with a firearm shall be at
21least 36 months. The period of probation for a minor who is
22found to be guilty of any other Class X felony shall be at
23least 24 months. The period of probation for a Class 1 or Class

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12 forcible felony shall be at least 18 months. Regardless of
2the length of probation ordered by the court, for all offenses
3under this paragraph (1.5), the court shall schedule hearings
4to determine whether it is in the best interest of the minor
5and public safety to terminate probation after the minimum
6period of probation has been served. In such a hearing, there
7shall be a rebuttable presumption that it is in the best
8interest of the minor and public safety to terminate
9probation.
10 (2) The court may as a condition of probation or of
11conditional discharge require that the minor:
12 (a) not violate any criminal statute of any
13 jurisdiction;
14 (b) make a report to and appear in person before any
15 person or agency as directed by the court;
16 (c) work or pursue a course of study or vocational
17 training;
18 (d) undergo medical or psychiatric treatment, rendered
19 by a psychiatrist or psychological treatment rendered by a
20 clinical psychologist or social work services rendered by
21 a clinical social worker, or treatment for drug addiction
22 or alcoholism;
23 (e) attend or reside in a facility established for the
24 instruction or residence of persons on probation;
25 (f) support his or her dependents, if any;
26 (g) refrain from possessing a firearm or other

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1 dangerous weapon, or an automobile;
2 (h) permit the probation officer to visit him or her
3 at his or her home or elsewhere;
4 (i) reside with his or her parents or in a foster home;
5 (j) attend school;
6 (j-5) with the consent of the superintendent of the
7 facility, attend an educational program at a facility
8 other than the school in which the offense was committed
9 if he or she committed a crime of violence as defined in
10 Section 2 of the Crime Victims Compensation Act in a
11 school, on the real property comprising a school, or
12 within 1,000 feet of the real property comprising a
13 school;
14 (k) attend a non-residential program for youth;
15 (l) make restitution under the terms of subsection (4)
16 of Section 5-710;
17 (m) contribute to his or her own support at home or in
18 a foster home;
19 (n) perform some reasonable public or community
20 service;
21 (o) participate with community corrections programs
22 including unified delinquency intervention services
23 administered by the Department of Human Services subject
24 to Section 5 of the Children and Family Services Act;
25 (p) pay costs;
26 (q) serve a term of home confinement. In addition to

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1 any other applicable condition of probation or conditional
2 discharge, the conditions of home confinement shall be
3 that the minor:
4 (i) remain within the interior premises of the
5 place designated for his or her confinement during the
6 hours designated by the court;
7 (ii) admit any person or agent designated by the
8 court into the minor's place of confinement at any
9 time for purposes of verifying the minor's compliance
10 with the conditions of his or her confinement; and
11 (iii) use an approved electronic monitoring device
12 if ordered by the court subject to Article 8A of
13 Chapter V of the Unified Code of Corrections;
14 (r) refrain from entering into a designated geographic
15 area except upon terms as the court finds appropriate. The
16 terms may include consideration of the purpose of the
17 entry, the time of day, other persons accompanying the
18 minor, and advance approval by a probation officer, if the
19 minor has been placed on probation, or advance approval by
20 the court, if the minor has been placed on conditional
21 discharge;
22 (s) refrain from having any contact, directly or
23 indirectly, with certain specified persons or particular
24 types of persons, including but not limited to members of
25 street gangs and drug users or dealers;
26 (s-5) undergo a medical or other procedure to have a

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1 tattoo symbolizing allegiance to a street gang removed
2 from his or her body;
3 (t) refrain from having in his or her body the
4 presence of any illicit drug prohibited by the Cannabis
5 Control Act, the Illinois Controlled Substances Act, or
6 the Methamphetamine Control and Community Protection Act,
7 unless prescribed by a physician, and shall submit samples
8 of his or her blood or urine or both for tests to determine
9 the presence of any illicit drug; or
10 (u) comply with other conditions as may be ordered by
11 the court.
12 (3) The court may as a condition of probation or of
13conditional discharge require that a minor found guilty on any
14alcohol, cannabis, methamphetamine, or controlled substance
15violation, refrain from acquiring a driver's license during
16the period of probation or conditional discharge. If the minor
17is in possession of a permit or license, the court may require
18that the minor refrain from driving or operating any motor
19vehicle during the period of probation or conditional
20discharge, except as may be necessary in the course of the
21minor's lawful employment.
22 (3.5) The court shall, as a condition of probation or of
23conditional discharge, require that a minor found to be guilty
24and placed on probation for reasons that include a violation
25of Section 3.02 or Section 3.03 of the Humane Care for Animals
26Act or paragraph (4) of subsection (a) of Section 21-1 of the

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1Criminal Code of 2012 undergo medical or psychiatric treatment
2rendered by a psychiatrist or psychological treatment rendered
3by a clinical psychologist. The condition may be in addition
4to any other condition.
5 (3.10) The court shall order that a minor placed on
6probation or conditional discharge for a sex offense as
7defined in the Sex Offender Management Board Act undergo and
8successfully complete sex offender treatment. The treatment
9shall be in conformance with the standards developed under the
10Sex Offender Management Board Act and conducted by a treatment
11provider approved by the Board. The treatment shall be at the
12expense of the person evaluated based upon that person's
13ability to pay for the treatment.
14 (4) A minor on probation or conditional discharge shall be
15given a certificate setting forth the conditions upon which he
16or she is being released.
17 (5) The court shall impose upon a minor placed on
18probation or conditional discharge, as a condition of the
19probation or conditional discharge, a fee of $50 for each
20month of probation or conditional discharge supervision
21ordered by the court, unless after determining the inability
22of the minor placed on probation or conditional discharge to
23pay the fee, the court assesses a lesser amount. The court may
24not impose the fee on a minor who is placed in the guardianship
25or custody of the Department of Children and Family Services
26under this Act while the minor is in placement. The fee shall

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1be imposed only upon a minor who is actively supervised by the
2probation and court services department. The court may order
3the parent, guardian, or legal custodian of the minor to pay
4some or all of the fee on the minor's behalf.
5 (5.5) Jurisdiction over an offender may be transferred
6from the sentencing court to the court of another circuit with
7the concurrence of both courts. Further transfers or
8retransfers of jurisdiction are also authorized in the same
9manner. The court to which jurisdiction has been transferred
10shall have the same powers as the sentencing court. The
11probation department within the circuit to which jurisdiction
12has been transferred, or which has agreed to provide
13supervision, may impose probation fees upon receiving the
14transferred offender, as provided in subsection (i) of Section
155-6-3 of the Unified Code of Corrections. For all transfer
16cases, as defined in Section 9b of the Probation and Probation
17Officers Act, the probation department from the original
18sentencing court shall retain all probation fees collected
19prior to the transfer. After the transfer, all probation fees
20shall be paid to the probation department within the circuit
21to which jurisdiction has been transferred.
22 If the transfer case originated in another state and has
23been transferred under the Interstate Compact for Juveniles to
24the jurisdiction of an Illinois circuit court for supervision
25by an Illinois probation department, probation fees may be
26imposed only if permitted by the Interstate Commission for

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1Juveniles.
2 (6) The General Assembly finds that in order to protect
3the public, the juvenile justice system must compel compliance
4with the conditions of probation by responding to violations
5with swift, certain, and fair punishments and intermediate
6sanctions. The Chief Judge of each circuit shall adopt a
7system of structured, intermediate sanctions for violations of
8the terms and conditions of a sentence of supervision,
9probation or conditional discharge, under this Act.
10 The court shall provide as a condition of a disposition of
11probation, conditional discharge, or supervision, that the
12probation agency may invoke any sanction from the list of
13intermediate sanctions adopted by the chief judge of the
14circuit court for violations of the terms and conditions of
15the sentence of probation, conditional discharge, or
16supervision, subject to the provisions of Section 5-720 of
17this Act.
18 (7) The court shall require a minor to participate in
19social service programs offered through juvenile probation and
20comply with referral recommendations for no less than 3 months
21if the minor:
22 (i) has previously been placed on probation for an
23 offense that involves the possession or discharge of a
24 firearm not causing any injury; and
25 (ii) is convicted of a subsequent offense involving
26 the possession or discharge of a firearm not causing any

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1 injury.
2 If the minor does not complete the referral
3recommendations, the court shall commit the minor to the
4Department of Juvenile Justice to complete the recommended
5services.
6(Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
7 (705 ILCS 405/5-750)
8 Sec. 5-750. Commitment to the Department of Juvenile
9Justice.
10 (1) Except as provided in subsection (2) of this Section,
11when any delinquent has been adjudged a ward of the court under
12this Act, the court may commit him or her to the Department of
13Juvenile Justice, if it finds that (a) his or her parents,
14guardian or legal custodian are unfit or are unable, for some
15reason other than financial circumstances alone, to care for,
16protect, train or discipline the minor, or are unwilling to do
17so, and the best interests of the minor and the public will not
18be served by placement under Section 5-740, or it is necessary
19to ensure the protection of the public from the consequences
20of criminal activity of the delinquent; and (b) commitment to
21the Department of Juvenile Justice is the least restrictive
22alternative based on evidence that efforts were made to locate
23less restrictive alternatives to secure confinement and the
24reasons why efforts were unsuccessful in locating a less
25restrictive alternative to secure confinement. Before the

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1court commits a minor to the Department of Juvenile Justice,
2it shall make a finding that secure confinement is necessary,
3following a review of the following individualized factors:
4 (A) Age of the minor.
5 (B) Criminal background of the minor.
6 (C) Review of results of any assessments of the minor,
7 including child centered assessments such as the CANS.
8 (D) Educational background of the minor, indicating
9 whether the minor has ever been assessed for a learning
10 disability, and if so what services were provided as well
11 as any disciplinary incidents at school.
12 (E) Physical, mental and emotional health of the
13 minor, indicating whether the minor has ever been
14 diagnosed with a health issue and if so what services were
15 provided and whether the minor was compliant with
16 services.
17 (F) Community based services that have been provided
18 to the minor, and whether the minor was compliant with the
19 services, and the reason the services were unsuccessful.
20 (G) Services within the Department of Juvenile Justice
21 that will meet the individualized needs of the minor.
22 (1.5) Before the court commits a minor to the Department
23of Juvenile Justice, the court must find reasonable efforts
24have been made to prevent or eliminate the need for the minor
25to be removed from the home, or reasonable efforts cannot, at
26this time, for good cause, prevent or eliminate the need for

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1removal, and removal from home is in the best interests of the
2minor, the minor's family, and the public.
3 (2) When a minor of the age of at least 13 years is
4adjudged delinquent for the offense of first degree murder,
5the court shall declare the minor a ward of the court and order
6the minor committed to the Department of Juvenile Justice
7until the minor's 21st birthday, without the possibility of
8aftercare release, furlough, or non-emergency authorized
9absence for a period of 5 years from the date the minor was
10committed to the Department of Juvenile Justice, except that
11the time that a minor spent in custody for the instant offense
12before being committed to the Department of Juvenile Justice
13shall be considered as time credited towards that 5 year
14period. Upon release from a Department facility, a minor
15adjudged delinquent for first degree murder shall be placed on
16aftercare release until the age of 21, unless sooner
17discharged from aftercare release or custodianship is
18otherwise terminated in accordance with this Act or as
19otherwise provided for by law. Nothing in this subsection (2)
20shall preclude the State's Attorney from seeking to prosecute
21a minor as an adult as an alternative to proceeding under this
22Act.
23 (2.5) A minor convicted of a subsequent offense involving
24the use or possession of a firearm causing serious injury,
25great bodily harm, or death shall be confined to the
26Department of Juvenile Justice with the Department providing

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1services, including, but not limited to, education, mental
2health services, drug treatment, and mentoring.
3 (3) Except as provided in subsections subsection (2) and
4(2.5), the commitment of a delinquent to the Department of
5Juvenile Justice shall be for an indeterminate term which
6shall automatically terminate upon the delinquent attaining
7the age of 21 years or upon completion of that period for which
8an adult could be committed for the same act, whichever occurs
9sooner, unless the delinquent is sooner discharged from
10aftercare release or custodianship is otherwise terminated in
11accordance with this Act or as otherwise provided for by law.
12 (3.5) Every delinquent minor committed to the Department
13of Juvenile Justice under this Act shall be eligible for
14aftercare release without regard to the length of time the
15minor has been confined or whether the minor has served any
16minimum term imposed. Aftercare release shall be administered
17by the Department of Juvenile Justice, under the direction of
18the Director. Unless sooner discharged, the Department of
19Juvenile Justice shall discharge a minor from aftercare
20release upon completion of the following aftercare release
21terms:
22 (a) One and a half years from the date a minor is
23 released from a Department facility, if the minor was
24 committed for a Class X felony;
25 (b) One year from the date a minor is released from a
26 Department facility, if the minor was committed for a

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1 Class 1 or 2 felony; and
2 (c) Six months from the date a minor is released from a
3 Department facility, if the minor was committed for a
4 Class 3 felony or lesser offense.
5 (4) When the court commits a minor to the Department of
6Juvenile Justice, it shall order him or her conveyed forthwith
7to the appropriate reception station or other place designated
8by the Department of Juvenile Justice, and shall appoint the
9Director of Juvenile Justice legal custodian of the minor. The
10clerk of the court shall issue to the Director of Juvenile
11Justice a certified copy of the order, which constitutes proof
12of the Director's authority. No other process need issue to
13warrant the keeping of the minor.
14 (5) If a minor is committed to the Department of Juvenile
15Justice, the clerk of the court shall forward to the
16Department:
17 (a) the sentencing order and copies of committing
18 petition;
19 (b) all reports;
20 (c) the court's statement of the basis for ordering
21 the disposition;
22 (d) any sex offender evaluations;
23 (e) any risk assessment or substance abuse treatment
24 eligibility screening and assessment of the minor by an
25 agent designated by the State to provide assessment
26 services for the courts;

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1 (f) the number of days, if any, which the minor has
2 been in custody and for which he or she is entitled to
3 credit against the sentence, which information shall be
4 provided to the clerk by the sheriff;
5 (g) any medical or mental health records or summaries
6 of the minor;
7 (h) the municipality where the arrest of the minor
8 occurred, the commission of the offense occurred, and the
9 minor resided at the time of commission;
10 (h-5) a report detailing the minor's criminal history
11 in a manner and form prescribed by the Department of
12 Juvenile Justice;
13 (i) all additional matters which the court directs the
14 clerk to transmit; and
15 (j) all police reports for sex offenses as defined by
16 the Sex Offender Management Board Act.
17 (6) Whenever the Department of Juvenile Justice lawfully
18discharges from its custody and control a minor committed to
19it, the Director of Juvenile Justice shall petition the court
20for an order terminating his or her custodianship. The
21custodianship shall terminate automatically 30 days after
22receipt of the petition unless the court orders otherwise.
23 (7) If, while on aftercare release, a minor committed to
24the Department of Juvenile Justice who resides in this State
25is charged under the criminal laws of this State, the criminal
26laws of any other state, or federal law with an offense that

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1could result in a sentence of imprisonment within the
2Department of Corrections, the penal system of any state, or
3the federal Bureau of Prisons, the commitment to the
4Department of Juvenile Justice and all rights and duties
5created by that commitment are automatically suspended pending
6final disposition of the criminal charge. If the minor is
7found guilty of the criminal charge and sentenced to a term of
8imprisonment in the penitentiary system of the Department of
9Corrections, the penal system of any state, or the federal
10Bureau of Prisons, the commitment to the Department of
11Juvenile Justice shall be automatically terminated. If the
12criminal charge is dismissed, the minor is found not guilty,
13or the minor completes a criminal sentence other than
14imprisonment within the Department of Corrections, the penal
15system of any state, or the federal Bureau of Prisons, the
16previously imposed commitment to the Department of Juvenile
17Justice and the full aftercare release term shall be
18automatically reinstated unless custodianship is sooner
19terminated. Nothing in this subsection (7) shall preclude the
20court from ordering another sentence under Section 5-710 of
21this Act or from terminating the Department's custodianship
22while the commitment to the Department is suspended.
23(Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
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