Bill Text: IL HB3743 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Provides that if a minor is found to be guilty of a non-violent crime, the court shall first consider home confinement or an alternative sentence instead of: (i) incarceration in a facility of the Department of Juvenile Justice or (ii) confinement in a juvenile detention home. Provides that the court shall order a conference to be held to determine the alternative sentencing plan. Provides that the conference shall be held with representatives of the Illinois State Board of Education, the Department of Children and Family Services, the prosecutor of the minor, the court, the Department of Juvenile Justice, and the parent or legal guardian of the minor. Based upon recommendations made at the conference, the court shall order an alternative sentencing plan that meets the needs of the minor and leads the minor toward useful and non-criminal activities. Provides that the court may commit the minor to the Department of Juvenile Justice or place the minor in detention if the minor violates the terms and conditions of the home confinement or alternative sentence or if the family or household situation presents a danger to the minor that makes home confinement infeasible. Defines "non-violent crime" as an offense that is not a violent crime as defined in the Rights of Crime Victims and Witnesses Act and that is not a violation of the Dangerous Weapons Article of the Criminal Code of 2012 involving the illegal possession or use of a firearm.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3743 Detail]
Download: Illinois-2013-HB3743-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||||||||||||||||||||
5 | changing Sections 5-710 and 5-901 as follows:
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6 | (705 ILCS 405/5-710)
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7 | Sec. 5-710. Kinds of sentencing orders.
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8 | (1) The following kinds of sentencing orders may be made in | ||||||||||||||||||||||||
9 | respect of
wards of the court:
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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:
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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;
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20 | (ii) placed in accordance with Section 5-740, with | ||||||||||||||||||||||||
21 | or without also being
put on probation or conditional | ||||||||||||||||||||||||
22 | discharge;
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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;
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3 | (iv) placed in the guardianship of the Department | ||||||
4 | of Children and Family
Services, but only if the | ||||||
5 | delinquent minor is under 15 years of age or, pursuant | ||||||
6 | to Article II of this Act, a minor for whom an | ||||||
7 | independent basis of abuse, neglect, or dependency | ||||||
8 | exists. An independent basis exists when the | ||||||
9 | allegations or adjudication of abuse, neglect, or | ||||||
10 | dependency do not arise from the same facts, incident, | ||||||
11 | or circumstances which give rise to a charge or | ||||||
12 | adjudication of delinquency;
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13 | (v) if a minor found to be guilty of a violent | ||||||
14 | crime as defined in Section 3 of the Rights of Crime | ||||||
15 | Victims and Witnesses Act or found to be guilty of a | ||||||
16 | violation of Article 24 of the Criminal Code of 2012 | ||||||
17 | involving the illegal possession or use of a firearm or | ||||||
18 | found to be guilty of a non-violent crime when the | ||||||
19 | minor has violated the terms and conditions of home | ||||||
20 | confinement or other alternative sentence or if home | ||||||
21 | confinement or other alternative sentence is | ||||||
22 | determined by the court to be infeasible, placed in | ||||||
23 | detention for a period not to exceed 30 days, either as
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24 | the
exclusive order of disposition or, where | ||||||
25 | appropriate, in conjunction with any
other order of | ||||||
26 | disposition issued under this paragraph, provided that |
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1 | any such
detention shall be in a juvenile detention | ||||||
2 | home and the minor so detained shall
be 10 years of age | ||||||
3 | or older. However, the 30-day limitation may be | ||||||
4 | extended by
further order of the court for a minor | ||||||
5 | under age 15 committed to the Department
of Children | ||||||
6 | and Family Services if the court finds that the minor | ||||||
7 | is a danger
to himself or others. The minor shall be | ||||||
8 | given credit on the sentencing order
of detention for | ||||||
9 | time spent in detention under Sections 5-501, 5-601, | ||||||
10 | 5-710, or
5-720 of this
Article as a result of the | ||||||
11 | offense for which the sentencing order was imposed.
The | ||||||
12 | court may grant credit on a sentencing order of | ||||||
13 | detention entered under a
violation of probation or | ||||||
14 | violation of conditional discharge under Section
5-720 | ||||||
15 | of this Article for time spent in detention before the | ||||||
16 | filing of the
petition
alleging the violation. A minor | ||||||
17 | shall not be deprived of credit for time spent
in | ||||||
18 | detention before the filing of a violation of probation | ||||||
19 | or conditional
discharge alleging the same or related | ||||||
20 | act or acts. The limitation that the minor shall only | ||||||
21 | be placed in a juvenile detention home does not apply | ||||||
22 | as follows: | ||||||
23 | Persons 18 years of age and older who have a | ||||||
24 | petition of delinquency filed against them may be | ||||||
25 | confined in an adult detention facility. In making a | ||||||
26 | determination whether to confine a person 18 years of |
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1 | age or older who has a petition of delinquency filed | ||||||
2 | against the person, these factors, among other | ||||||
3 | matters, shall be considered: | ||||||
4 | (A) the age of the person; | ||||||
5 | (B) any previous delinquent or criminal | ||||||
6 | history of the person; | ||||||
7 | (C) any previous abuse or neglect history of | ||||||
8 | the person; | ||||||
9 | (D) any mental health history of the person; | ||||||
10 | and | ||||||
11 | (E) any educational history of the person;
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12 | (vi) ordered partially or completely emancipated | ||||||
13 | in accordance with the
provisions of the Emancipation | ||||||
14 | of Minors Act;
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15 | (vii) subject to having his or her driver's license | ||||||
16 | or driving
privileges
suspended for such time as | ||||||
17 | determined by the court but only until he or she
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18 | attains 18 years of age;
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19 | (viii) put on probation or conditional discharge | ||||||
20 | and placed in detention
under Section 3-6039 of the | ||||||
21 | Counties Code for a period not to exceed the period
of | ||||||
22 | incarceration permitted by law for adults found guilty | ||||||
23 | of the same offense
or offenses for which the minor was | ||||||
24 | adjudicated delinquent, and in any event no
longer than | ||||||
25 | upon attainment of age 21; this subdivision (viii) | ||||||
26 | notwithstanding
any contrary provision of the law;
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1 | (ix) ordered to undergo a medical or other | ||||||
2 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
3 | street gang removed from his or her body; or | ||||||
4 | (x) placed in electronic home detention under Part | ||||||
5 | 7A of this Article.
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6 | (b) A minor found to be guilty of a violent crime as | ||||||
7 | defined in Section 3 of the Rights of Crime Victims and | ||||||
8 | Witnesses Act or found to be guilty of a violation of | ||||||
9 | Article 24 of the Criminal Code of 2012 involving the | ||||||
10 | illegal possession or use of a firearm or found to be | ||||||
11 | guilty of a non-violent crime when the minor has violated | ||||||
12 | the terms and conditions of home confinement or other | ||||||
13 | alternative sentence or if home confinement or other | ||||||
14 | alternative sentence is determined by the court to be | ||||||
15 | infeasible, A minor found to be guilty may be committed to | ||||||
16 | the Department of
Juvenile Justice under Section 5-750 if | ||||||
17 | the minor is 13 years of age or
older,
provided that the | ||||||
18 | commitment to the Department of Juvenile Justice shall be | ||||||
19 | made only if a term of incarceration is permitted by law | ||||||
20 | for
adults found guilty of the offense for which the minor | ||||||
21 | was adjudicated
delinquent. The time during which a minor | ||||||
22 | is in custody before being released
upon the request of a | ||||||
23 | parent, guardian or legal custodian shall be considered
as | ||||||
24 | time spent in detention.
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25 | (c) When a minor is found to be guilty for an offense | ||||||
26 | which is a violation
of the Illinois Controlled Substances |
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1 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
2 | Control and Community Protection Act and made
a ward of the | ||||||
3 | court, the court may enter a disposition order requiring | ||||||
4 | the
minor to undergo assessment,
counseling or treatment in | ||||||
5 | a substance abuse program approved by the Department
of | ||||||
6 | Human Services.
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7 | (2) Any sentencing order other than commitment to the | ||||||
8 | Department of
Juvenile Justice may provide for protective | ||||||
9 | supervision under
Section 5-725 and may include an order of | ||||||
10 | protection under Section 5-730.
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11 | (3) Unless the sentencing order expressly so provides, it | ||||||
12 | does not operate
to close proceedings on the pending petition, | ||||||
13 | but is subject to modification
until final closing and | ||||||
14 | discharge of the proceedings under Section 5-750.
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15 | (4) In addition to any other sentence, the court may order | ||||||
16 | any
minor
found to be delinquent to make restitution, in | ||||||
17 | monetary or non-monetary form,
under the terms and conditions | ||||||
18 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
19 | that the "presentencing hearing" referred to in that
Section
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20 | shall be
the sentencing hearing for purposes of this Section. | ||||||
21 | The parent, guardian or
legal custodian of the minor may be | ||||||
22 | ordered by the court to pay some or all of
the restitution on | ||||||
23 | the minor's behalf, pursuant to the Parental Responsibility
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24 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
25 | victim in seeking restitution in proceedings under this
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26 | Section, up to the maximum amount allowed in Section 5 of the |
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1 | Parental
Responsibility Law.
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2 | (5) Any sentencing order where the minor is committed or | ||||||
3 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
4 | parents or guardian of the estate of
the minor to pay to the | ||||||
5 | legal custodian or guardian of the person of the minor
such | ||||||
6 | sums as are determined by the custodian or guardian of the | ||||||
7 | person of the
minor as necessary for the minor's needs. The | ||||||
8 | payments may not exceed the
maximum amounts provided for by | ||||||
9 | Section 9.1 of the Children and Family Services
Act.
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10 | (6) Whenever the sentencing order requires the minor to | ||||||
11 | attend school or
participate in a program of training, the | ||||||
12 | truant officer or designated school
official shall regularly | ||||||
13 | report to the court if the minor is a chronic or
habitual | ||||||
14 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
15 | any other provision of this Act, in instances in which | ||||||
16 | educational services are to be provided to a minor in a | ||||||
17 | residential facility where the minor has been placed by the | ||||||
18 | court, costs incurred in the provision of those educational | ||||||
19 | services must be allocated based on the requirements of the | ||||||
20 | School Code.
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21 | (7) In no event shall a guilty minor be committed to the | ||||||
22 | Department of
Juvenile Justice for a period of time in
excess | ||||||
23 | of
that period for which an adult could be committed for the | ||||||
24 | same act.
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25 | (8) A minor found to be guilty for reasons that include a | ||||||
26 | violation of
Section 21-1.3 of the Criminal Code of 1961 or the |
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1 | Criminal Code of 2012 shall be ordered to perform
community | ||||||
2 | service for not less than 30 and not more than 120 hours, if
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3 | community service is available in the jurisdiction. The | ||||||
4 | community service
shall include, but need not be limited to, | ||||||
5 | the cleanup and repair of the damage
that was caused by the | ||||||
6 | violation or similar damage to property located in the
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7 | municipality or county in which the violation occurred. The | ||||||
8 | order may be in
addition to any other order authorized by this | ||||||
9 | Section.
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10 | (8.5) A minor found to be guilty for reasons that include a | ||||||
11 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
12 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
13 | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||||||
14 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
15 | shall be ordered to undergo medical or psychiatric treatment | ||||||
16 | rendered by
a
psychiatrist or psychological treatment rendered | ||||||
17 | by a clinical psychologist.
The order
may be in addition to any | ||||||
18 | other order authorized by this Section.
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19 | (9) In addition to any other sentencing order, the court | ||||||
20 | shall order any
minor found
to be guilty for an act which would | ||||||
21 | constitute, predatory criminal sexual
assault of a child, | ||||||
22 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
23 | aggravated criminal sexual abuse, or criminal sexual abuse if
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24 | committed by an
adult to undergo medical testing to determine | ||||||
25 | whether the defendant has any
sexually transmissible disease | ||||||
26 | including a test for infection with human
immunodeficiency |
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1 | virus (HIV) or any other identified causative agency of
| ||||||
2 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
3 | shall be performed
only by appropriately licensed medical | ||||||
4 | practitioners and may include an
analysis of any bodily fluids | ||||||
5 | as well as an examination of the minor's person.
Except as | ||||||
6 | otherwise provided by law, the results of the test shall be | ||||||
7 | kept
strictly confidential by all medical personnel involved in | ||||||
8 | the testing and must
be personally delivered in a sealed | ||||||
9 | envelope to the judge of the court in which
the sentencing | ||||||
10 | order was entered for the judge's inspection in camera. Acting
| ||||||
11 | in accordance with the best interests of the victim and the | ||||||
12 | public, the judge
shall have the discretion to determine to | ||||||
13 | whom the results of the testing may
be revealed. The court | ||||||
14 | shall notify the minor of the results of the test for
infection | ||||||
15 | with the human immunodeficiency virus (HIV). The court shall | ||||||
16 | also
notify the victim if requested by the victim, and if the | ||||||
17 | victim is under the
age of 15 and if requested by the victim's | ||||||
18 | parents or legal guardian, the court
shall notify the victim's | ||||||
19 | parents or the legal guardian, of the results of the
test for | ||||||
20 | infection with the human immunodeficiency virus (HIV). The | ||||||
21 | court
shall provide information on the availability of HIV | ||||||
22 | testing and counseling at
the Department of Public Health | ||||||
23 | facilities to all parties to whom the
results of the testing | ||||||
24 | are revealed. The court shall order that the cost of
any test | ||||||
25 | shall be paid by the county and may be taxed as costs against | ||||||
26 | the
minor.
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1 | (10) When a court finds a minor to be guilty the court | ||||||
2 | shall, before
entering a sentencing order under this Section, | ||||||
3 | make a finding whether the
offense committed either: (a) was | ||||||
4 | related to or in furtherance of the criminal
activities of an | ||||||
5 | organized gang or was motivated by the minor's membership in
or | ||||||
6 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
7 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | ||||||
8 | or the Criminal Code of 2012, a violation of
any
Section of | ||||||
9 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
10 | 2012, or a violation of any
statute that involved the wrongful | ||||||
11 | use of a firearm. If the court determines
the question in the | ||||||
12 | affirmative,
and the court does not commit the minor to the | ||||||
13 | Department of Juvenile Justice, the court shall order the minor | ||||||
14 | to perform community service
for not less than 30 hours nor | ||||||
15 | more than 120 hours, provided that community
service is | ||||||
16 | available in the jurisdiction and is funded and approved by the
| ||||||
17 | county board of the county where the offense was committed. The | ||||||
18 | community
service shall include, but need not be limited to, | ||||||
19 | the cleanup and repair of
any damage caused by a violation of | ||||||
20 | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | ||||||
21 | Code of 2012
and similar damage to property located in the | ||||||
22 | municipality or county in which
the violation occurred. When | ||||||
23 | possible and reasonable, the community service
shall be | ||||||
24 | performed in the minor's neighborhood. This order shall be in
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25 | addition to any other order authorized by this Section
except | ||||||
26 | for an order to place the minor in the custody of the |
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1 | Department of
Juvenile Justice. For the purposes of this | ||||||
2 | Section, "organized
gang" has the meaning ascribed to it in | ||||||
3 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
4 | Prevention Act.
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5 | (11) If the court determines that the offense was committed | ||||||
6 | in furtherance of the criminal activities of an organized gang, | ||||||
7 | as provided in subsection (10), and that the offense involved | ||||||
8 | the operation or use of a motor vehicle or the use of a | ||||||
9 | driver's license or permit, the court shall notify the | ||||||
10 | Secretary of State of that determination and of the period for | ||||||
11 | which the minor shall be denied driving privileges. If, at the | ||||||
12 | time of the determination, the minor does not hold a driver's | ||||||
13 | license or permit, the court shall provide that the minor shall | ||||||
14 | not be issued a driver's license or permit until his or her | ||||||
15 | 18th birthday. If the minor holds a driver's license or permit | ||||||
16 | at the time of the determination, the court shall provide that | ||||||
17 | the minor's driver's license or permit shall be revoked until | ||||||
18 | his or her 21st birthday, or until a later date or occurrence | ||||||
19 | determined by the court. If the minor holds a driver's license | ||||||
20 | at the time of the determination, the court may direct the | ||||||
21 | Secretary of State to issue the minor a judicial driving | ||||||
22 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
23 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
24 | Illinois Vehicle Code, except that the court may direct that | ||||||
25 | the JDP be effective immediately.
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26 | (12) If a minor is found to be guilty of a violation of
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1 | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||||||
2 | by Minors Act, the
court may, in its discretion, and upon
| ||||||
3 | recommendation by the State's Attorney, order that minor and | ||||||
4 | his or her parents
or legal
guardian to attend a smoker's | ||||||
5 | education or youth diversion program as defined
in that Act if | ||||||
6 | that
program is available in the jurisdiction where the | ||||||
7 | offender resides.
Attendance at a smoker's education or youth | ||||||
8 | diversion program
shall be time-credited against any community | ||||||
9 | service time imposed for any
first violation of subsection | ||||||
10 | (a-7) of Section 1 of that Act. In addition to any
other
| ||||||
11 | penalty
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 | ||||||
13 | State's Attorney, may in its discretion
require
the offender to | ||||||
14 | remit a fee for his or her attendance at a smoker's
education | ||||||
15 | or
youth diversion program.
| ||||||
16 | For purposes of this Section, "smoker's education program" | ||||||
17 | or "youth
diversion program" includes, but is not limited to, a | ||||||
18 | seminar designed to
educate a person on the physical and | ||||||
19 | psychological effects of smoking tobacco
products and the | ||||||
20 | health consequences of smoking tobacco products that can be
| ||||||
21 | conducted with a locality's youth diversion program.
| ||||||
22 | In addition to any other penalty that the court may impose | ||||||
23 | under 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 | (13) If a minor is found to be guilty of a non-violent | ||||||
14 | crime, the court shall first consider home confinement or other | ||||||
15 | alternative sentence instead of: (i) incarceration in a | ||||||
16 | facility of the Department of Juvenile Justice or (ii) | ||||||
17 | confinement in a juvenile detention home. The court shall order | ||||||
18 | a conference to be held to determine the alternative sentencing | ||||||
19 | plan. The conference shall be held with representatives of the | ||||||
20 | Illinois State Board of Education, the Department of Children | ||||||
21 | and Family Services, the prosecutor of the minor, the court, | ||||||
22 | the Department of Juvenile Justice, and the parent or legal | ||||||
23 | guardian of the minor. Based upon recommendations made at the | ||||||
24 | conference, the court shall order an alternative sentencing | ||||||
25 | plan that meets the needs of the minor and leads the minor | ||||||
26 | toward useful and non-criminal activities. The court may commit |
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| |||||||
1 | the minor to the Department of Juvenile Justice or place the | ||||||
2 | minor in a juvenile detention home if the minor violates the | ||||||
3 | terms and conditions of the alternative sentence or if the | ||||||
4 | family or household situation presents a danger to the minor | ||||||
5 | that makes home confinement infeasible. For the purposes of | ||||||
6 | this Section,"non-violent crime" means an offense that is not a | ||||||
7 | violent crime as defined in Section 3 of the Rights of Crime | ||||||
8 | Victims and Witnesses Act and that is not a violation of | ||||||
9 | Article 24 of the Criminal Code of 2012 involving the illegal | ||||||
10 | possession or use of a firearm. | ||||||
11 | (Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13.)
| ||||||
12 | (705 ILCS 405/5-901)
| ||||||
13 | Sec. 5-901. Court file.
| ||||||
14 | (1) The Court file with respect to proceedings under this
| ||||||
15 | Article shall consist of the petitions, pleadings, victim | ||||||
16 | impact statements,
process,
service of process, orders, writs | ||||||
17 | and docket entries reflecting hearings held
and judgments and | ||||||
18 | decrees entered by the court. The court file shall be
kept | ||||||
19 | separate from other records of the court.
| ||||||
20 | (a) The file, including information identifying the | ||||||
21 | victim or alleged
victim of any sex
offense, shall be | ||||||
22 | disclosed only to the following parties when necessary for
| ||||||
23 | discharge of their official duties:
| ||||||
24 | (i) A judge of the circuit court and members of the | ||||||
25 | staff of the court
designated by the judge;
|
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| |||||||
1 | (ii) Parties to the proceedings and their | ||||||
2 | attorneys;
| ||||||
3 | (iii) Victims and their attorneys, except in cases | ||||||
4 | of multiple victims
of
sex offenses in which case the | ||||||
5 | information identifying the nonrequesting
victims | ||||||
6 | shall be redacted;
| ||||||
7 | (iv) Probation officers, law enforcement officers | ||||||
8 | or prosecutors or
their
staff;
| ||||||
9 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
10 | (b) The Court file redacted to remove any information | ||||||
11 | identifying the
victim or alleged victim of any sex offense | ||||||
12 | shall be disclosed only to the
following parties when | ||||||
13 | necessary for discharge of their official duties:
| ||||||
14 | (i) Authorized military personnel;
| ||||||
15 | (ii) Persons engaged in bona fide research, with | ||||||
16 | the permission of the
judge of the juvenile court and | ||||||
17 | the chief executive of the agency that prepared
the
| ||||||
18 | particular recording: provided that publication of | ||||||
19 | such research results in no
disclosure of a minor's | ||||||
20 | identity and protects the confidentiality of the
| ||||||
21 | record;
| ||||||
22 | (iii) The Secretary of State to whom the Clerk of | ||||||
23 | the Court shall report
the disposition of all cases, as | ||||||
24 | required in Section 6-204 or Section 6-205.1
of the | ||||||
25 | Illinois
Vehicle Code. However, information reported | ||||||
26 | relative to these offenses shall
be privileged and |
| |||||||
| |||||||
1 | available only to the Secretary of State, courts, and | ||||||
2 | police
officers;
| ||||||
3 | (iv) The administrator of a bonafide substance | ||||||
4 | abuse student
assistance program with the permission | ||||||
5 | of the presiding judge of the
juvenile court;
| ||||||
6 | (v) Any individual, or any public or private agency | ||||||
7 | or institution,
having
custody of the juvenile under | ||||||
8 | court order or providing educational, medical or
| ||||||
9 | mental health services to the juvenile or a | ||||||
10 | court-approved advocate for the
juvenile or any | ||||||
11 | placement provider or potential placement provider as
| ||||||
12 | determined by the court.
| ||||||
13 | (c) The court file of a minor found to be guilty of a | ||||||
14 | non-violent crime as defined in subsection (13) of Section | ||||||
15 | 5-710 of this Act shall be disclosed to the Illinois State | ||||||
16 | Board of Education, the Department of Children and Family | ||||||
17 | Services, the prosecutor of the minor, the court, the | ||||||
18 | Department of Juvenile Justice, and the parent or legal | ||||||
19 | guardian of the minor. | ||||||
20 | (3) A minor who is the victim or alleged victim in a | ||||||
21 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
22 | regarding disclosure of identity as the
minor who is the | ||||||
23 | subject of record.
Information identifying victims and alleged | ||||||
24 | victims of sex offenses,
shall not be disclosed or open to | ||||||
25 | public inspection under any circumstances.
Nothing in this | ||||||
26 | Section shall prohibit the victim or alleged victim of any sex
|
| |||||||
| |||||||
1 | offense from voluntarily disclosing his or her identity.
| ||||||
2 | (4) Relevant information, reports and records shall be made | ||||||
3 | available to the
Department of
Juvenile Justice when a juvenile | ||||||
4 | offender has been placed in the custody of the
Department of | ||||||
5 | Juvenile Justice.
| ||||||
6 | (5) Except as otherwise provided in this subsection (5), | ||||||
7 | juvenile court
records shall not be made available to the | ||||||
8 | general public
but may be inspected by representatives of | ||||||
9 | agencies, associations and news
media or other properly | ||||||
10 | interested persons by general or special order of
the court. | ||||||
11 | The State's Attorney, the minor, his or her parents, guardian | ||||||
12 | and
counsel
shall at all times have the right to examine court | ||||||
13 | files and records.
| ||||||
14 | (a) The
court shall allow the general public to have | ||||||
15 | access to the name, address, and
offense of a minor
who is | ||||||
16 | adjudicated a delinquent minor under this Act under either | ||||||
17 | of the
following circumstances:
| ||||||
18 | (i) The
adjudication of
delinquency was based upon | ||||||
19 | the
minor's
commission of first degree murder, attempt | ||||||
20 | to commit first degree
murder, aggravated criminal | ||||||
21 | sexual assault, or criminal sexual assault; or
| ||||||
22 | (ii) The court has made a finding that the minor | ||||||
23 | was at least 13 years
of
age
at the time the act was | ||||||
24 | committed and the adjudication of delinquency was | ||||||
25 | based
upon the minor's commission of: (A)
an act in | ||||||
26 | furtherance of the commission of a felony as a member |
| |||||||
| |||||||
1 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
2 | involving the use of a firearm in the commission of a
| ||||||
3 | felony, (C) an act that would be a Class X felony | ||||||
4 | offense
under or
the minor's second or subsequent
Class | ||||||
5 | 2 or greater felony offense under the Cannabis Control | ||||||
6 | Act if committed
by an adult,
(D) an act that would be | ||||||
7 | a second or subsequent offense under Section 402 of
the | ||||||
8 | Illinois Controlled Substances Act if committed by an | ||||||
9 | adult, (E) an act
that would be an offense under | ||||||
10 | Section 401 of the Illinois Controlled
Substances Act | ||||||
11 | if committed by an adult, or (F) an act that would be | ||||||
12 | an offense under the Methamphetamine Control and | ||||||
13 | Community Protection Act if committed by an adult.
| ||||||
14 | (b) The court
shall allow the general public to have | ||||||
15 | access to the name, address, and offense
of a minor who is | ||||||
16 | at least 13 years of age at
the time the offense
is | ||||||
17 | committed and who is convicted, in criminal proceedings
| ||||||
18 | permitted or required under Section 5-805, under either of
| ||||||
19 | the following
circumstances:
| ||||||
20 | (i) The minor has been convicted of first degree | ||||||
21 | murder, attempt
to commit first degree
murder, | ||||||
22 | aggravated criminal sexual
assault, or criminal sexual | ||||||
23 | assault,
| ||||||
24 | (ii) The court has made a finding that the minor | ||||||
25 | was at least 13 years
of age
at the time the offense | ||||||
26 | was committed and the conviction was based upon the
|
| |||||||
| |||||||
1 | minor's commission of: (A)
an offense in
furtherance of | ||||||
2 | the commission of a felony as a member of or on behalf | ||||||
3 | of a
criminal street gang, (B) an offense
involving the | ||||||
4 | use of a firearm in the commission of a felony, (C)
a | ||||||
5 | Class X felony offense under the Cannabis Control Act | ||||||
6 | or a second or
subsequent Class 2 or
greater felony | ||||||
7 | offense under the Cannabis Control Act, (D) a
second or | ||||||
8 | subsequent offense under Section 402 of the Illinois
| ||||||
9 | Controlled Substances Act, (E) an offense under | ||||||
10 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
11 | or (F) an offense under the Methamphetamine Control and | ||||||
12 | Community Protection Act.
| ||||||
13 | (6) Nothing in this Section shall be construed to limit the | ||||||
14 | use of a
adjudication of delinquency as
evidence in any | ||||||
15 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
16 | admissible under the rules of evidence, including but not | ||||||
17 | limited to, use as
impeachment evidence against any witness, | ||||||
18 | including the minor if he or she
testifies.
| ||||||
19 | (7) Nothing in this Section shall affect the right of a | ||||||
20 | Civil Service
Commission or appointing authority examining the | ||||||
21 | character and fitness of
an applicant for a position as a law | ||||||
22 | enforcement officer to ascertain
whether that applicant was | ||||||
23 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
24 | examine the records or evidence which were made in
proceedings | ||||||
25 | under this Act.
| ||||||
26 | (8) Following any adjudication of delinquency for a crime |
| |||||||
| |||||||
1 | which would be
a felony if committed by an adult, or following | ||||||
2 | any adjudication of delinquency
for a violation of Section | ||||||
3 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
5 | whether the minor respondent is enrolled in school and, if so, | ||||||
6 | shall provide
a copy of the sentencing order to the principal | ||||||
7 | or chief administrative
officer of the school. Access to such | ||||||
8 | juvenile records shall be limited
to the principal or chief | ||||||
9 | administrative officer of the school and any guidance
counselor | ||||||
10 | designated by him or her.
| ||||||
11 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
12 | disclosure of information or records relating or pertaining to | ||||||
13 | juveniles
subject to the provisions of the Serious Habitual | ||||||
14 | Offender Comprehensive
Action Program when that information is | ||||||
15 | used to assist in the early
identification and treatment of | ||||||
16 | habitual juvenile offenders.
| ||||||
17 | (11) The Clerk of the Circuit Court shall report to the | ||||||
18 | Department of
State
Police, in the form and manner required by | ||||||
19 | the Department of State Police, the
final disposition of each | ||||||
20 | minor who has been arrested or taken into custody
before his or | ||||||
21 | her 18th birthday for those offenses required to be reported
| ||||||
22 | under Section 5 of the Criminal Identification Act. Information | ||||||
23 | reported to
the Department under this Section may be maintained | ||||||
24 | with records that the
Department files under Section 2.1 of the | ||||||
25 | Criminal Identification Act.
| ||||||
26 | (12) Information or records may be disclosed to the general |
| |||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||
1 | public when the
court is conducting hearings under Section | ||||||||||||||||||||||||||||||||||
2 | 5-805 or 5-810.
| ||||||||||||||||||||||||||||||||||
3 | The changes made to this Section by this amendatory Act of | ||||||||||||||||||||||||||||||||||
4 | the 98th General Assembly apply to juvenile court records of a | ||||||||||||||||||||||||||||||||||
5 | minor who has been arrested or taken into custody on or after | ||||||||||||||||||||||||||||||||||
6 | the effective date of this amendatory Act. | ||||||||||||||||||||||||||||||||||
7 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14.)
| ||||||||||||||||||||||||||||||||||
|