Bill Text: IL SB3406 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Juvenile Court Act of 1987. Eliminates the provision that the State's Attorney may object to a court order of continuance under supervision. Provides that at the successful completion of probation of a first time offender only, a minor may move to vacate a finding of delinquency. Provides that unless good cause is shown, such motion to vacate must be filed within 30 days of the entry of the order terminating probation or discharging the minor. Establishes conditions and factors under which a court may vacate a finding of delinquency. Provides that once a motion to vacate a finding of delinquency has been granted, the case shall be treated as if it never occurred and, the person may not be required to disclose that he or she had a juvenile record. Provides that the amendatory Act shall govern all motions pending at the time of its effective date. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-19 - Rule 3-9(a) / Re-referred to Assignments [SB3406 Detail]

Download: Illinois-2009-SB3406-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3406 Introduced 2/10/2010, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-615
705 ILCS 405/5-715
Amends the Juvenile Court Act of 1987. Eliminates the provision that the State's Attorney may object to a court order of continuance under supervision. Provides that at the successful completion of probation of a first time offender only, a minor may move to vacate a finding of delinquency. Provides that unless good cause is shown, such motion to vacate must be filed within 30 days of the entry of the order terminating probation or discharging the minor. Establishes conditions and factors under which a court may vacate a finding of delinquency. Provides that once a motion to vacate a finding of delinquency has been granted, the case shall be treated as if it never occurred and, the person may not be required to disclose that he or she had a juvenile record. Provides that the amendatory Act shall govern all motions pending at the time of its effective date. Effective immediately.
LRB096 18825 RLC 34211 b
A BILL FOR
SB3406 LRB096 18825 RLC 34211 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-615 and 5-715 as follows:
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in open court by the
minor, his or her parent, guardian, or legal custodian, or the
minor's attorney or the State's Attorney.
(2) If the minor, his or her parent, guardian, or legal
custodian, or the minor's attorney or State's Attorney objects
in open court to any continuance and insists upon proceeding to
findings and adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.

SB3406 - 2 - LRB096 18825 RLC 34211 b
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period of
continuance under supervision may not exceed 24 months. The
court may terminate a continuance under supervision at any time
if warranted by the conduct of the minor and the ends of
justice.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical Psychologist
Licensing Act, or the Clinical Social Work and Social Work
Practice Act, or an entity licensed by the Department of
Human Services as a successor to the Department of
Alcoholism and Substance Abuse, for the provision of drug
addiction and alcoholism treatment;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;

SB3406 - 3 - LRB096 18825 RLC 34211 b
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or her at
his or her home or elsewhere;
(j) reside with his or her parents or in a foster home;
(k) attend school;
(k-5) with the consent of the superintendent of the
facility, attend an educational program at a facility other
than the school in which the offense was committed if he or
she committed a crime of violence as defined in Section 2
of the Crime Victims Compensation Act in a school, on the
real property comprising a school, or within 1,000 feet of
the real property comprising a school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or in
a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same manner
and under the same conditions as provided in subsection (4)
of Section 5-710, except that the "sentencing hearing"
referred to in that Section shall be the adjudicatory
hearing for purposes of this Section;
(p) comply with curfew requirements as designated by

SB3406 - 4 - LRB096 18825 RLC 34211 b
the court;
(q) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(r-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed from
his or her body;
(s) refrain from having in his or her body the presence
of any illicit drug prohibited by the Cannabis Control Act,
the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug; or
(t) comply with any other conditions as may be ordered
by the court.
(6) A minor whose case is continued under supervision under
subsection (5) shall be given a certificate setting forth the
conditions imposed by the court. Those conditions may be
reduced, enlarged, or modified by the court on motion of the

SB3406 - 5 - LRB096 18825 RLC 34211 b
probation officer or on its own motion, or that of the State's
Attorney, or, at the request of the minor after notice and
hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court shall
conduct a hearing. If the court finds that a condition of
supervision has not been fulfilled, the court may proceed to
findings and adjudication and disposition. The filing of a
petition for violation of a condition of the continuance under
supervision shall toll the period of continuance under
supervision until the final determination of the charge, and
the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing must be
held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued under this
Section, the court shall, as a condition of the continuance
under supervision, require the minor 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,

SB3406 - 6 - LRB096 18825 RLC 34211 b
the cleanup and repair of the damage that was caused by the
alleged violation or similar damage to property located in the
municipality or county in which the alleged violation occurred.
The condition may be in addition to any other condition.
(8.5) When a hearing in which a minor is alleged to be a
delinquent 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 is continued under this Section, the court shall, as a
condition of the continuance under supervision, require the
minor to undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical
psychologist. The condition may be in addition to any other
condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or in
furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 of the Criminal Code of 1961, a
violation of any Section of Article 24 of the Criminal Code of
1961, or a violation of any statute that involved the unlawful
use of a firearm. If the court determines the question in the
affirmative the court shall, as a condition of the continuance

SB3406 - 7 - LRB096 18825 RLC 34211 b
under supervision and as part of or in addition to any other
condition of the supervision, require the minor to perform
community service for not less than 30 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 an alleged violation of Section 21-1.3 of the
Criminal Code of 1961 and similar damage to property located in
the municipality or county in which the alleged violation
occurred. When possible and reasonable, the community service
shall be performed in the minor's neighborhood. 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.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $25
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser amount.
The court may not impose the fee on a minor who is made a ward
of the State under this Act while the minor is in placement.
The fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department. A
court may order the parent, guardian, or legal custodian of the
minor to pay some or all of the fee on the minor's behalf.

SB3406 - 8 - LRB096 18825 RLC 34211 b
(11) If a minor is placed on supervision for a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
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
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.
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
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
In addition to any other penalty that the court may impose
under this subsection (11):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court

SB3406 - 9 - LRB096 18825 RLC 34211 b
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(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
hours of community service.
(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.
(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.
(Source: P.A. eff. 1-1-00; 96-179, eff. 8-10-09.)
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall
not exceed 5 years or until the minor has attained the age of
21 years, whichever is less, except as provided in this Section
for a minor who is found to be guilty for an offense which is
first degree murder, a Class X felony or a forcible felony. The
juvenile court may terminate probation or conditional
discharge and discharge the minor at any time if warranted by
the conduct of the minor and the ends of justice; provided,
however, that the period of probation for a minor who is found

SB3406 - 10 - LRB096 18825 RLC 34211 b
to be guilty for an offense which is first degree murder, a
Class X felony, or a forcible felony shall be at least 5 years.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment, rendered
by a psychiatrist or psychological treatment rendered by a
clinical psychologist or social work services rendered by a
clinical social worker, or treatment for drug addiction or
alcoholism;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit him or her at
his or her home or elsewhere;
(i) reside with his or her parents or in a foster home;
(j) attend school;
(j-5) with the consent of the superintendent of the
facility, attend an educational program at a facility other

SB3406 - 11 - LRB096 18825 RLC 34211 b
than the school in which the offense was committed if he or
she committed a crime of violence as defined in Section 2
of the Crime Victims Compensation Act in a school, on the
real property comprising a school, or within 1,000 feet of
the real property comprising a school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4)
of Section 5-710;
(m) contribute to his or her own support at home or in
a foster home;
(n) perform some reasonable public or community
service;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject to
Section 5 of the Children and Family Services Act;
(p) pay costs;
(q) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be that
the minor:
(i) remain within the interior premises of the
place designated for his or her confinement during the
hours designated by the court;
(ii) admit any person or agent designated by the
court into the minor's place of confinement at any time

SB3406 - 12 - LRB096 18825 RLC 34211 b
for purposes of verifying the minor's compliance with
the conditions of his or her confinement; and
(iii) use an approved electronic monitoring device
if ordered by the court subject to Article 8A of
Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer, if the
minor has been placed on probation, or advance approval by
the court, if the minor has been placed on conditional
discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed from
his or her body;
(t) refrain from having in his or her body the presence
of any illicit drug prohibited by the Cannabis Control Act,
the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and shall submit samples
of his or her blood or urine or both for tests to determine

SB3406 - 13 - LRB096 18825 RLC 34211 b
the presence of any illicit drug; or
(u) comply with other conditions as may be ordered by
the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on any
alcohol, cannabis, methamphetamine, or controlled substance
violation, refrain from acquiring a driver's license during the
period of probation or conditional discharge. If the minor is
in possession of a permit or license, the court may require
that the minor refrain from driving or operating any motor
vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty
and placed on probation for reasons that include a violation of
Section 3.02 or Section 3.03 of the Humane Care for Animals Act
or paragraph (d) of subsection (1) of Section 21-1 of the
Criminal Code of 1961 undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The condition may be in addition to
any other condition.
(3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as defined
in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment

SB3406 - 14 - LRB096 18825 RLC 34211 b
shall be in conformance with the standards developed under the
Sex Offender Management Board Act and conducted by a treatment
provider approved by the Board. The treatment shall be at the
expense of the person evaluated based upon that person's
ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which he
or she is being released.
(5) The court shall impose upon a minor placed on probation
or conditional discharge, as a condition of the probation or
conditional discharge, a fee of $25 for each month of probation
or conditional discharge supervision ordered by the court,
unless after determining the inability of the minor placed on
probation or conditional discharge to pay the fee, the court
assesses a lesser amount. The court may not impose the fee on a
minor who is made a ward of the State under this Act while the
minor is in placement. The fee shall be imposed only upon a
minor who is actively supervised by the probation and court
services department. The court may order the parent, guardian,
or legal custodian of the minor to pay some or all of the fee on
the minor's behalf.
(6) The General Assembly finds that in order to protect the
public, the juvenile justice system must compel compliance with
the conditions of probation by responding to violations with
swift, certain, and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a system

SB3406 - 15 - LRB096 18825 RLC 34211 b
of structured, intermediate sanctions for violations of the
terms and conditions of a sentence of supervision, probation or
conditional discharge, under this Act.
The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-720 of this Act.
(7) At the successful completion of probation of any first
time offender only, a minor may move to vacate a finding of
delinquency. Unless good cause is shown, such motion to vacate
must be filed within 30 days of the entry of the order
terminating probation or discharging the minor. The court shall
on its own motion or on motion of the minor, his or her parent,
guardian, or legal custodian vacate any finding made in the
course of a proceeding under this Article and enter a judgment
of dismissal.
(8) A motion to vacate a finding of delinquency under this
Section is limited to minors:
(A) with no previous findings of delinquency;
(B) who have successfully completed the terms and
conditions of probation;
(C) with no other matters pending; and
(D) without any other findings or convictions.

SB3406 - 16 - LRB096 18825 RLC 34211 b
This subsection (8) does not apply to adjudications based
upon any homicide, use of a deadly weapon, or sex offenses
which would be felonies if committed by an adult.
(9) The Court shall consider among other factors:
(A) the nature and seriousness of the alleged offense;
(B) history and characteristics of the defendant;
(C) academic performance and recommendations;
(D) work performance and recommendations;
(E) recommendations from treatment or service
providers;
(F) restitution;
(G) maturity;
(H) age at the time of the offense; and
(I) probation or youth officer recommendation, or
both.
(10) Once a motion to vacate a finding of_delinquency has
been granted, the case shall be treated as if it never
occurred, and the person may not be required to disclose that
he or she had a juvenile record. However, nothing in this
paragraph (10) prohibits the judge, State's Attorney, or minor
from reviewing the juvenile record of the minor, including the
proceedings that resulted in the vacation of the finding of
delinquency.
(11) This amendatory Act of the 96th General Assembly shall
govern all motions pending at the time of its effective date.
(Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)

SB3406 - 17 - LRB096 18825 RLC 34211 b
Section 99. Effective date. This Act takes effect upon
becoming law.