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| Public Act 098-0536
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| SB1844 Enrolled | LRB098 09863 RLC 40021 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 5-710 as follows:
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(705 ILCS 405/5-710)
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Sec. 5-710. Kinds of sentencing orders.
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(1) The following kinds of sentencing orders may be made in |
respect of
wards of the court:
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(a) Except as provided in Sections 5-805, 5-810, 5-815, |
a minor who is
found
guilty under Section 5-620 may be:
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(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;
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(ii) placed in accordance with Section 5-740, with |
or without also being
put on probation or conditional |
discharge;
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(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;
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(iv) 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;
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(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 juvenile |
detention home and the minor so detained shall
be 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 |
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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 |
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 |
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(E) any educational history of the person;
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(vi) ordered partially or completely emancipated |
in accordance with the
provisions of the Emancipation |
of Minors Act;
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(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
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attains 18 years of age;
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(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 law;
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(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 home detention under Part |
7A of this Article.
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(b) A minor found to be guilty may be committed to the |
Department of
Juvenile Justice under Section 5-750 if the |
minor is 13 years of age or
older,
provided that the |
commitment to the Department of Juvenile Justice shall be |
made only if a term of incarceration is permitted by law |
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for
adults found guilty of the offense for which the minor |
was adjudicated
delinquent. The time during which a minor |
is in custody before being released
upon the request of a |
parent, guardian or legal custodian shall be considered
as |
time spent in detention.
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(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 abuse 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.
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(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.
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(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
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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
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Law. The State's Attorney is authorized to act
on behalf of any |
victim in seeking restitution in proceedings under this
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Section, up to the maximum amount allowed in Section 5 of the |
Parental
Responsibility Law.
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(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 |
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.
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(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 |
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School Code.
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(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.
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(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
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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
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municipality or county in which the violation occurred. The |
order may be in
addition to any other order authorized by this |
Section.
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(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 |
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.
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(9) In addition to any other sentencing order, the court |
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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
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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
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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
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in accordance with the best interests of the victim and the |
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 |
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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.
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(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
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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 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
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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 |
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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
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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.
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(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 |
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 |
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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.
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(12) If a minor is found to be guilty of a violation of
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subsection (a-7) of Section 1 of the Prevention of Tobacco Use |
by Minors Act, the
court may, in its discretion, and upon
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recommendation by the State's Attorney, order that minor and |
his or her parents
or legal
guardian to attend a smoker's |
education or youth diversion program as defined
in that Act if |
that
program is available in the jurisdiction where the |
offender resides.
Attendance at a smoker's education or youth |
diversion program
shall be time-credited against any community |
service time imposed for any
first violation of subsection |
(a-7) of Section 1 of that Act. In addition to any
other
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penalty
that the court may impose for a violation of subsection |
(a-7) of Section 1 of
that Act, the
court, upon request by the |
State's Attorney, may in its discretion
require
the offender to |
remit a fee for his or her attendance at a smoker's
education |
or
youth diversion program.
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For purposes of this Section, "smoker's education program" |
or "youth
diversion program" includes, but is not limited to, a |
seminar designed to
educate a person on the physical and |
psychological effects of smoking tobacco
products and the |
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health consequences of smoking tobacco products that can be
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conducted with a locality's youth diversion program.
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In addition to any other penalty that the court may impose |
under this
subsection
(12):
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(a) If a minor violates subsection (a-7) of Section 1 |
of the Prevention of
Tobacco Use by Minors Act, the court |
may
impose a sentence of 15 hours of
community service or a |
fine of $25 for a first violation.
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(b) A second violation by a minor of subsection (a-7) |
of Section 1 of that Act
that occurs
within 12 months after |
the first violation is punishable by a fine of $50 and
25
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hours of community service.
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(c) A third or subsequent violation by a minor of |
subsection (a-7) of Section
1 of that Act
that
occurs |
within 12 months after the first violation is punishable by |
a $100
fine
and 30 hours of community service.
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(d) Any second or subsequent violation not within the |
12-month time period
after the first violation is |
punishable as provided for a first violation.
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(Source: P.A. 96-179, eff. 8-10-09; 96-293, eff. 1-1-10; |
96-1000, eff. 7-2-10; 97-1150, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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