100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2368

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-715

    Amends the Juvenile Court Act of 1987. Provides that the period of probation for a minor who is found to be guilty for an offense which is first degree murder, second degree murder, criminal sexual assault, a Class X felony, or an attempt Class X felony shall be at least 5 years. Provides that the period of probation for a minor who is found to be guilty for an offense which is a forcible felony, other than first degree murder, second degree murder, criminal sexual assault, a Class X felony, or an attempt Class X felony, shall be a mandatory minimum probation period of 3 years, but may be up to 5 years, if the facts of the crime, the conduct of the minor, and the ends of justice warrant so in the judge's discretion.


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A BILL FOR

 

HB2368LRB100 10244 SLF 20427 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-715 as follows:
 
6    (705 ILCS 405/5-715)
7    Sec. 5-715. Probation.
8    (1) The period of probation or conditional discharge shall
9not exceed 5 years or until the minor has attained the age of
1021 years, whichever is less, except as provided in this Section
11for a minor who is found to be guilty for an offense which is
12first degree murder, second degree murder, criminal sexual
13assault, a Class X felony, or an attempt Class X felony. The
14juvenile court may terminate probation or conditional
15discharge and discharge the minor at any time if warranted by
16the conduct of the minor and the ends of justice; provided,
17however, that the period of probation for a minor who is found
18to be guilty for an offense which is first degree murder,
19second degree murder, criminal sexual assault, a Class X
20felony, or an attempt Class X felony shall be at least 5 years.
21    (1.5) The period of probation for a minor who is found
22guilty of aggravated criminal sexual assault, criminal sexual
23assault, or aggravated battery with a firearm shall be at least

 

 

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136 months. The period of probation for a minor who is found to
2be guilty of any other Class X felony shall be at least 24
3months. The period of probation for a minor who is found to be
4guilty for an offense which is a forcible felony, other than
5first degree murder, second degree murder, criminal sexual
6assault, a Class X felony, or an attempt Class X felony, shall
7be a mandatory minimum probation period of 3 years, but may be
8up to 5 years, if the facts of the crime, the conduct of the
9minor, and the ends of justice warrant so in the judge's
10discretion. The period of probation for a Class 1 or Class 2
11forcible felony shall be at least 18 months. Regardless of the
12length of probation ordered by the court, for all offenses
13under this paragraph (1.5), the court shall schedule hearings
14to determine whether it is in the best interest of the minor
15and public safety to terminate probation after the minimum
16period of probation has been served. In such a hearing, there
17shall be a rebuttable presumption that it is in the best
18interest of the minor and public safety to terminate probation.
19    (2) The court may as a condition of probation or of
20conditional discharge require that the minor:
21        (a) not violate any criminal statute of any
22    jurisdiction;
23        (b) make a report to and appear in person before any
24    person or agency as directed by the court;
25        (c) work or pursue a course of study or vocational
26    training;

 

 

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1        (d) undergo medical or psychiatric treatment, rendered
2    by a psychiatrist or psychological treatment rendered by a
3    clinical psychologist or social work services rendered by a
4    clinical social worker, or treatment for drug addiction or
5    alcoholism;
6        (e) attend or reside in a facility established for the
7    instruction or residence of persons on probation;
8        (f) support his or her dependents, if any;
9        (g) refrain from possessing a firearm or other
10    dangerous weapon, or an automobile;
11        (h) permit the probation officer to visit him or her at
12    his or her home or elsewhere;
13        (i) reside with his or her parents or in a foster home;
14        (j) attend school;
15        (j-5) with the consent of the superintendent of the
16    facility, attend an educational program at a facility other
17    than the school in which the offense was committed if he or
18    she committed a crime of violence as defined in Section 2
19    of the Crime Victims Compensation Act in a school, on the
20    real property comprising a school, or within 1,000 feet of
21    the real property comprising a school;
22        (k) attend a non-residential program for youth;
23        (l) make restitution under the terms of subsection (4)
24    of Section 5-710;
25        (m) contribute to his or her own support at home or in
26    a foster home;

 

 

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1        (n) perform some reasonable public or community
2    service;
3        (o) participate with community corrections programs
4    including unified delinquency intervention services
5    administered by the Department of Human Services subject to
6    Section 5 of the Children and Family Services Act;
7        (p) pay costs;
8        (q) serve a term of home confinement. In addition to
9    any other applicable condition of probation or conditional
10    discharge, the conditions of home confinement shall be that
11    the minor:
12            (i) remain within the interior premises of the
13        place designated for his or her confinement during the
14        hours designated by the court;
15            (ii) admit any person or agent designated by the
16        court into the minor's place of confinement at any time
17        for purposes of verifying the minor's compliance with
18        the conditions of his or her confinement; and
19            (iii) use an approved electronic monitoring device
20        if ordered by the court subject to Article 8A of
21        Chapter V of the Unified Code of Corrections;
22        (r) refrain from entering into a designated geographic
23    area except upon terms as the court finds appropriate. The
24    terms may include consideration of the purpose of the
25    entry, the time of day, other persons accompanying the
26    minor, and advance approval by a probation officer, if the

 

 

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1    minor has been placed on probation, or advance approval by
2    the court, if the minor has been placed on conditional
3    discharge;
4        (s) refrain from having any contact, directly or
5    indirectly, with certain specified persons or particular
6    types of persons, including but not limited to members of
7    street gangs and drug users or dealers;
8        (s-5) undergo a medical or other procedure to have a
9    tattoo symbolizing allegiance to a street gang removed from
10    his or her body;
11        (t) refrain from having in his or her body the presence
12    of any illicit drug prohibited by the Cannabis Control Act,
13    the Illinois Controlled Substances Act, or the
14    Methamphetamine Control and Community Protection Act,
15    unless prescribed by a physician, and shall submit samples
16    of his or her blood or urine or both for tests to determine
17    the presence of any illicit drug; or
18        (u) comply with other conditions as may be ordered by
19    the court.
20    (3) The court may as a condition of probation or of
21conditional discharge require that a minor found guilty on any
22alcohol, cannabis, methamphetamine, or controlled substance
23violation, refrain from acquiring a driver's license during the
24period of probation or conditional discharge. If the minor is
25in possession of a permit or license, the court may require
26that the minor refrain from driving or operating any motor

 

 

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1vehicle during the period of probation or conditional
2discharge, except as may be necessary in the course of the
3minor's lawful employment.
4    (3.5) The court shall, as a condition of probation or of
5conditional discharge, require that a minor found to be guilty
6and placed on probation for reasons that include a violation of
7Section 3.02 or Section 3.03 of the Humane Care for Animals Act
8or paragraph (4) of subsection (a) of Section 21-1 of the
9Criminal Code of 2012 undergo medical or psychiatric treatment
10rendered by a psychiatrist or psychological treatment rendered
11by a clinical psychologist. The condition may be in addition to
12any other condition.
13    (3.10) The court shall order that a minor placed on
14probation or conditional discharge for a sex offense as defined
15in the Sex Offender Management Board Act undergo and
16successfully complete sex offender treatment. The treatment
17shall be in conformance with the standards developed under the
18Sex Offender Management Board Act and conducted by a treatment
19provider approved by the Board. The treatment shall be at the
20expense of the person evaluated based upon that person's
21ability to pay for the treatment.
22    (4) A minor on probation or conditional discharge shall be
23given a certificate setting forth the conditions upon which he
24or she is being released.
25    (5) The court shall impose upon a minor placed on probation
26or conditional discharge, as a condition of the probation or

 

 

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1conditional discharge, a fee of $50 for each month of probation
2or conditional discharge supervision ordered by the court,
3unless after determining the inability of the minor placed on
4probation or conditional discharge to pay the fee, the court
5assesses a lesser amount. The court may not impose the fee on a
6minor who is made a ward of the State under this Act while the
7minor is in placement. The fee shall be imposed only upon a
8minor who is actively supervised by the probation and court
9services department. The court may order the parent, guardian,
10or legal custodian of the minor to pay some or all of the fee on
11the minor's behalf.
12    (5.5) Jurisdiction over an offender may be transferred from
13the sentencing court to the court of another circuit with the
14concurrence of both courts. Further transfers or retransfers of
15jurisdiction are also authorized in the same manner. The court
16to which jurisdiction has been transferred shall have the same
17powers as the sentencing court. The probation department within
18the circuit to which jurisdiction has been transferred, or
19which has agreed to provide supervision, may impose probation
20fees upon receiving the transferred offender, as provided in
21subsection (i) of Section 5-6-3 of the Unified Code of
22Corrections. For all transfer cases, as defined in Section 9b
23of the Probation and Probation Officers Act, the probation
24department from the original sentencing court shall retain all
25probation fees collected prior to the transfer. After the
26transfer, all probation fees shall be paid to the probation

 

 

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1department within the circuit to which jurisdiction has been
2transferred.
3    If the transfer case originated in another state and has
4been transferred under the Interstate Compact for Juveniles to
5the jurisdiction of an Illinois circuit court for supervision
6by an Illinois probation department, probation fees may be
7imposed only if permitted by the Interstate Commission for
8Juveniles.
9    (6) The General Assembly finds that in order to protect the
10public, the juvenile justice system must compel compliance with
11the conditions of probation by responding to violations with
12swift, certain, and fair punishments and intermediate
13sanctions. The Chief Judge of each circuit shall adopt a system
14of structured, intermediate sanctions for violations of the
15terms and conditions of a sentence of supervision, probation or
16conditional discharge, under this Act.
17    The court shall provide as a condition of a disposition of
18probation, conditional discharge, or supervision, that the
19probation agency may invoke any sanction from the list of
20intermediate sanctions adopted by the chief judge of the
21circuit court for violations of the terms and conditions of the
22sentence of probation, conditional discharge, or supervision,
23subject to the provisions of Section 5-720 of this Act.
24(Source: P.A. 98-575, eff. 1-1-14; 99-879, eff. 1-1-17.)