Bill Text: IL SB0065 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that it is the goal of the Act to ensure that detention is the last resort and for as short a time as possible. Provides that on and after July 1, 2021, any minor 13 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that (i) secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community or to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last 12 months, may be kept or detained in an authorized detention facility. Provides that a minor must be at least 13 (rather than 10) years of age to be placed in detention. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-04-16 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB0065 Detail]

Download: Illinois-2021-SB0065-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0065 Introduced 1/29/2021, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9
705 ILCS 405/5-410
705 ILCS 405/5-710
705 ILCS 405/5-720
Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that it is the goal of the Act to ensure that detention is the last resort and for as short a time as possible. Provides that on and after July 1, 2021, any minor 13 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that (i) secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community or to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last 12 months, may be kept or detained in an authorized detention facility. Provides that a minor must be at least 13 (rather than 10) years of age to be placed in detention. Effective immediately.
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A BILL FOR
SB0065 LRB102 02822 RLC 12830 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Section 17a-9 as follows:
(20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9)
Sec. 17a-9. Illinois Juvenile Justice Commission.
(a) There is hereby created the Illinois Juvenile Justice
Commission which shall consist of 25 persons appointed by the
Governor. The Chairperson of the Commission shall be appointed
by the Governor. Of the initial appointees, 8 shall serve a
one-year term, 8 shall serve a two-year term and 9 shall serve
a three-year term. Thereafter, each successor shall serve a
three-year term. Vacancies shall be filled in the same manner
as original appointments. Once appointed, members shall serve
until their successors are appointed and qualified. Members
shall serve without compensation, except they shall be
reimbursed for their actual expenses in the performance of
their duties. The Commission shall carry out the rights,
powers and duties established in subparagraph (3) of paragraph
(a) of Section 223 of the Federal "Juvenile Justice and
Delinquency Prevention Act of 1974", as now or hereafter
amended. The Commission shall determine the priorities for

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expenditure of funds made available to the State by the
Federal Government pursuant to that Act. The Commission shall
have the following powers and duties:
(1) Development, review and final approval of the
State's juvenile justice plan for funds under the Federal
"Juvenile Justice and Delinquency Prevention Act of 1974";
(2) Review and approve or disapprove juvenile justice
and delinquency prevention grant applications to the
Department for federal funds under that Act;
(3) Annual submission of recommendations to the
Governor and the General Assembly concerning matters
relative to its function;
(4) Responsibility for the review of funds allocated
to Illinois under the "Juvenile Justice and Delinquency
Prevention Act of 1974" to ensure compliance with all
relevant federal laws and regulations;
(5) Function as the advisory committee for the State
Youth and Community Services Program as authorized under
Section 17 of this Act, and in that capacity be authorized
and empowered to assist and advise the Secretary of Human
Services on matters related to juvenile justice and
delinquency prevention programs and services; and
(5.5) Study and make recommendations to the General
Assembly regarding the availability of youth services to
reduce the use of detention and prevent deeper criminal
involvement; and

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(6) Study the impact of, develop timelines, and
propose a funding structure to accommodate the expansion
of the jurisdiction of the Illinois Juvenile Court to
include youth age 17 under the jurisdiction of the
Juvenile Court Act of 1987. The Commission shall submit a
report by December 31, 2011 to the General Assembly with
recommendations on extending juvenile court jurisdiction
to youth age 17 charged with felony offenses.
(b) On the effective date of this amendatory Act of the
96th General Assembly, the Illinois Juvenile Jurisdiction Task
Force created by Public Act 95-1031 is abolished and its
duties are transferred to the Illinois Juvenile Justice
Commission as provided in paragraph (6) of subsection (a) of
this Section.
(Source: P.A. 96-1199, eff. 1-1-11.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 5-410, 5-710, and 5-720 as follows:
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Placement of a minor away from his or her home must be
the last resort and be the least restrictive alternative
available. Any minor arrested or taken into custody pursuant
to this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary

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care in a foster family home or other shelter facility
designated by the court.
(2) (a) Prior to July 1, 2021, any Any minor 10 years of
age or older arrested pursuant to this Act where there is
probable cause to believe that the minor is a delinquent minor
and that (i) secure custody is a matter of immediate and urgent
necessity for the protection of the minor or of the person or
property of another, (ii) the minor is likely to flee the
jurisdiction of the court, or (iii) the minor was taken into
custody under a warrant, may be kept or detained in an
authorized detention facility. Prior to July 1, 2021, a A
minor under 13 years of age shall not be admitted, kept, or
detained in a detention facility unless a local youth service
provider, including a provider through the Comprehensive
Community Based Youth Services network, has been contacted and
has not been able to accept the minor for services. No minor
under 12 years of age shall be detained in a county jail or a
municipal lockup for more than 6 hours. The provisions of
paragraph (a) of this subsection (2), other than this
sentence, are inoperative on and after July 1, 2021.
(a-5) For a minor arrested or taken into custody for
vehicular hijacking or aggravated vehicular hijacking, a
previous finding of delinquency for vehicular hijacking or
aggravated vehicular hijacking shall be given greater weight
in determining whether secured custody of a minor is a matter
of immediate and urgent necessity for the protection of the

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minor or of the person or property of another.
(a-10) It is the goal of this Act to ensure that detention
is the last resort and for as short a time as possible. On and
after July 1, 2021, any minor 13 years of age or older arrested
under this Act where there is probable cause to believe that
the minor is a delinquent minor and that (i) secure custody is
a matter of immediate and urgent necessity in light of a
serious threat to the physical safety of a person or persons in
the community or to secure the presence of the minor at the
next hearing, as evidenced by a demonstrable record of willful
failure to appear at a scheduled court hearing within the last
12 months, may be kept or detained in an authorized detention
facility.
(b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays, and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
(b-4) The consultation required by paragraph (b-5) shall
not be applicable if the probation officer or detention
officer (or other public officer designated by the court in a
county having 3,000,000 or more inhabitants) utilizes a

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scorable detention screening instrument, which has been
developed with input by the State's Attorney, to determine
whether a minor should be detained, however, paragraph (b-5)
shall still be applicable where no such screening instrument
is used or where the probation officer, detention officer (or
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) deviates from the
screening instrument.
(b-5) Subject to the provisions of paragraph (b-4), if a
probation officer or detention officer (or other public
officer designated by the court in a county having 3,000,000
or more inhabitants) does not intend to detain a minor for an
offense which constitutes one of the following offenses he or
she shall consult with the State's Attorney's Office prior to
the release of the minor: first degree murder, second degree
murder, involuntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, aggravated battery with a
firearm as described in Section 12-4.2 or subdivision (e)(1),
(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
heinous battery involving permanent disability or
disfigurement or great bodily harm, robbery, aggravated
robbery, armed robbery, vehicular hijacking, aggravated
vehicular hijacking, vehicular invasion, arson, aggravated
arson, kidnapping, aggravated kidnapping, home invasion,
burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d), or

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(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun
once the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or
remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain, and the length
of time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result

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of the violation of this time limit. Minors under 18 years
of age shall be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard
with adults confined pursuant to criminal law. Persons 18
years of age and older who have a petition of delinquency
filed against them may be confined in an adult detention
facility. In making a determination whether to confine a
person 18 years of age or older who has a petition of
delinquency filed against the person, these factors, among
other matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal history of
the person;
(C) any previous abuse or neglect history of the
person; and
(D) any mental health or educational history of
the person, or both.
(d) (i) If prior to July 1, 2021 a minor 12 years of age or
older or on and after July 1, 2021 a minor 13 years of age or
older is confined in a county jail in a county with a
population below 3,000,000 inhabitants, then the minor's
confinement shall be implemented in such a manner that there
will be no contact by sight, sound, or otherwise between the
minor and adult prisoners. The minor Minors 12 years of age or
older must be kept separate from confined adults and may not at
any time be kept in the same cell, room, or yard with confined

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adults. This paragraph (d)(i) shall only apply to confinement
pending an adjudicatory hearing and shall not exceed 40 hours,
excluding Saturdays, Sundays, and court-designated holidays.
To accept or hold minors during this time period, county jails
shall comply with all monitoring standards adopted by the
Department of Corrections and training standards approved by
the Illinois Law Enforcement Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards adopted by the Department of
Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all county juvenile detention standards
adopted by the Department of Juvenile Justice.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court
may enter an order directing that the juvenile be confined in
the county jail. However, any juvenile confined in the county
jail under this provision shall be separated from adults who
are confined in the county jail in such a manner that there

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will be no contact by sight, sound or otherwise between the
juvenile and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be
taken to a county jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound
separation provisions shall not apply.
(3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) determines that the
minor may be a delinquent minor as described in subsection (3)
of Section 5-105, and should be retained in custody but does
not require physical restriction, the minor may be placed in
non-secure custody for up to 40 hours pending a detention
hearing.
(4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the

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court may impose.
(5) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made
in respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and
5-815, a minor who is found guilty under Section 5-620 may
be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree
murder, a Class X felony, or a forcible felony shall be
placed on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse

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assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after January 1, 2015 (the effective
date of Public Act 98-803) this amendatory Act of the
98th General Assembly and before January 1, 2017,
placed in the guardianship of the Department of
Children and Family Services, but only if the
delinquent minor is under 16 years of age or, pursuant
to Article II of this Act, a minor under the age of 18
for whom an independent basis of abuse, neglect, or
dependency exists. On and after January 1, 2017,
placed in the guardianship of the Department of
Children and Family Services, but only if the
delinquent minor is under 15 years of age or, pursuant
to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a

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juvenile detention home and the minor so detained
shall be 13 10 years of age or older. However, the
30-day limitation may be extended by further order of
the court for a minor under age 15 committed to the
Department of Children and Family Services if the
court finds that the minor is a danger to himself or
others. The minor shall be given credit on the
sentencing order of detention for time spent in
detention under Sections 5-501, 5-601, 5-710, or 5-720
of this Article as a result of the offense for which
the sentencing order was imposed. The court may grant
credit on a sentencing order of detention entered
under a violation of probation or violation of
conditional discharge under Section 5-720 of this
Article for time spent in detention before the filing
of the petition alleging the violation. A minor shall
not be deprived of credit for time spent in detention
before the filing of a violation of probation or
conditional discharge alleging the same or related act
or acts. The limitation that the minor shall only be
placed in a juvenile detention home does not apply as
follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of

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age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;
(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's
license or driving privileges suspended for such time
as determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer
than upon attainment of age 21; this subdivision
(viii) notwithstanding any contrary provision of the

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law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic monitoring or home
detention under Part 7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder. The court shall
include in the sentencing order any pre-custody credits
the minor is entitled to under Section 5-4.5-100 of the
Unified Code of Corrections. The time during which a minor
is in custody before being released upon the request of a
parent, guardian or legal custodian shall also be
considered as time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of
the court, the court may enter a disposition order
requiring the minor to undergo assessment, counseling or
treatment in a substance use disorder treatment program
approved by the Department of Human Services.

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(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the

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person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Chapter V 5 of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not
be illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the

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Department of Juvenile Justice for an offense which is a Class
4 felony under Section 19-4 (criminal trespass to a
residence), 21-1 (criminal damage to property), 21-1.01
(criminal damage to government supported property), 21-1.3
(criminal defacement of property), 26-1 (disorderly conduct),
or 31-4 (obstructing justice) of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense that is a Class 3
or Class 4 felony violation of the Illinois Controlled
Substances Act unless the commitment occurs upon a third or
subsequent judicial finding of a violation of probation for
substantial noncompliance with court-ordered treatment or
programming.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care

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for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of
subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved
in the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the

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public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a
violation of subsection (a) of Section 12-7.1 of the Criminal
Code of 1961 or the Criminal Code of 2012, a violation of any
Section of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a violation of any statute that
involved the wrongful use of a firearm. If the court

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determines the question in the affirmative, and the court does
not commit the minor to the Department of Juvenile Justice,
the court shall order the minor to perform community service
for not less than 30 hours nor more than 120 hours, provided
that community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include,
but need not be limited to, the cleanup and repair of any
damage caused by a violation of Section 21-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012 and similar damage to
property located in the municipality or county in which the
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile
Justice. For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was
committed in furtherance of the criminal activities of an
organized gang, as provided in subsection (10), and that the
offense involved the operation or use of a motor vehicle or the
use of a driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the

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time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor
shall not be issued a driver's license or permit until his or
her 18th birthday. If the minor holds a driver's license or
permit at the time of the determination, the court shall
provide that the minor's driver's license or permit shall be
revoked until his or her 21st birthday, or until a later date
or occurrence determined by the court. If the minor holds a
driver's license at the time of the determination, the court
may direct the Secretary of State to issue the minor a judicial
driving permit, also known as a JDP. The JDP shall be subject
to the same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) (Blank).
(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff.
7-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
(705 ILCS 405/5-720)
Sec. 5-720. Probation revocation.
(1) If a petition is filed charging a violation of a
condition of probation or of conditional discharge, the court
shall:
(a) order the minor to appear; or
(b) order the minor's detention if the court finds

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that the detention is a matter of immediate and urgent
necessity for the protection of the minor or of the person
or property of another or that the minor is likely to flee
the jurisdiction of the court, provided that any such
detention shall be in a juvenile detention home and the
minor so detained shall be 13 10 years of age or older; and
(c) notify the persons named in the petition under
Section 5-520, in accordance with the provisions of
Section 5-530.
In making its detention determination under paragraph (b)
of this subsection (1) of this Section, the court may use
information in its findings offered at such a hearing by way of
proffer based upon reliable information presented by the
State, probation officer, or the minor. The filing of a
petition for violation of a condition of probation or of
conditional discharge shall toll the period of probation or of
conditional discharge until the final determination of the
charge, and the term of probation or conditional discharge
shall not run until the hearing and disposition of the
petition for violation.
(2) The court shall conduct a hearing of the alleged
violation of probation or of conditional discharge. The minor
shall not be held in detention longer than 15 days pending the
determination of the alleged violation.
(3) At the hearing, the State shall have the burden of
going forward with the evidence and proving the violation by a

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preponderance of the evidence. The evidence shall be presented
in court with the right of confrontation, cross-examination,
and representation by counsel.
(4) If the court finds that the minor has violated a
condition at any time prior to the expiration or termination
of the period of probation or conditional discharge, it may
continue him or her on the existing sentence, with or without
modifying or enlarging the conditions, or may revoke probation
or conditional discharge and impose any other sentence that
was available under Section 5-710 at the time of the initial
sentence.
(5) The conditions of probation and of conditional
discharge may be reduced or enlarged by the court on motion of
the probation officer or on its own motion or at the request of
the minor after notice and hearing under this Section.
(6) Sentencing after revocation of probation or of
conditional discharge shall be under Section 5-705.
(7) Instead of filing a violation of probation or of
conditional discharge, the probation officer, with the
concurrence of his or her supervisor, may serve on the minor a
notice of intermediate sanctions. The notice shall contain the
technical violation or violations involved, the date or dates
of the violation or violations, and the intermediate sanctions
to be imposed. Upon receipt of the notice, the minor shall
immediately accept or reject the intermediate sanctions. If
the sanctions are accepted, they shall be imposed immediately.

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If the intermediate sanctions are rejected or the minor does
not respond to the notice, a violation of probation or of
conditional discharge shall be immediately filed with the
court. The State's Attorney and the sentencing court shall be
notified of the notice of sanctions. Upon successful
completion of the intermediate sanctions, a court may not
revoke probation or conditional discharge or impose additional
sanctions for the same violation. A notice of intermediate
sanctions may not be issued for any violation of probation or
conditional discharge which could warrant an additional,
separate felony charge.
(Source: P.A. 90-590, eff. 1-1-99.)