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91_SB0400sam001 LRB9100875RCksam 1 AMENDMENT TO SENATE BILL 400 2 AMENDMENT NO. . Amend Senate Bill 400, on page 1, 3 lines 2 and 6, by changing "Section 5-715" wherever it 4 appears to "Sections 5-615, 5-710, and 5-715"; and 5 on page 1, by inserting between lines 6 and 7 the following: 6 "(705 ILCS 405/5-615) 7 Sec. 5-615. Continuance under supervision. 8 (1) The court may enter an order of continuance under 9 supervision for an offense other than first degree murder, a 10 Class X felony or a forcible felony (a) upon an admission or 11 stipulation by the appropriate respondent or minor respondent 12 of the facts supporting the petition and before proceeding to 13 adjudication, or after hearing the evidence at the trial, and 14 (b) in the absence of objection made in open court by the 15 minor, his or her parent, guardian, or legal custodian, the 16 minor's attorney or the State's Attorney. 17 (2) If the minor, his or her parent, guardian, or legal 18 custodian, the minor's attorney or State's Attorney objects 19 in open court to any continuance and insists upon proceeding 20 to findings and adjudication, the court shall so proceed. 21 (3) Nothing in this Section limits the power of the 22 court to order a continuance of the hearing for the -2- LRB9100875RCksam 1 production of additional evidence or for any other proper 2 reason. 3 (4) When a hearing where a minor is alleged to be a 4 delinquent is continued pursuant to this Section, the period 5 of continuance under supervision may not exceed 24 months. 6 The court may terminate a continuance under supervision at 7 any time if warranted by the conduct of the minor and the 8 ends of justice. 9 (5) When a hearing where a minor is alleged to be 10 delinquent is continued pursuant to this Section, the court 11 may, as conditions of the continuance under supervision, 12 require the minor to do any of the following: 13 (a) not violate any criminal statute of any 14 jurisdiction; 15 (b) make a report to and appear in person before 16 any person or agency as directed by the court; 17 (c) work or pursue a course of study or vocational 18 training; 19 (d) undergo medical or psychotherapeutic treatment 20 rendered by a therapist licensed under the provisions of 21 the Medical Practice Act of 1987, the Clinical 22 Psychologist Licensing Act, or the Clinical Social Work 23 and Social Work Practice Act, or an entity licensed by 24 the Department of Human Services as a successor to the 25 Department of Alcoholism and Substance Abuse, for the 26 provision of drug addiction and alcoholism treatment; 27 (e) attend or reside in a facility established for 28 the instruction or residence of persons on probation; 29 (f) support his or her dependents, if any; 30 (g) pay costs; 31 (h) refrain from possessing a firearm or other 32 dangerous weapon, or an automobile; 33 (i) permit the probation officer to visit him or 34 her at his or her home or elsewhere; -3- LRB9100875RCksam 1 (j) reside with his or her parents or in a foster 2 home; 3 (k) attend school; 4 (l) attend a non-residential program for youth; 5 (m) contribute to his or her own support at home or 6 in a foster home; 7 (n) perform some reasonable public or community 8 service; 9 (o) make restitution to the victim, in the same 10 manner and under the same conditions as provided in 11 subsection (4) of Section 5-710, except that the 12 "sentencing hearing" referred to in that Section shall be 13 the adjudicatory hearing for purposes of this Section; 14 (p) comply with curfew requirements as designated 15 by the court; 16 (q) refrain from entering into a designated 17 geographic area except upon terms as the court finds 18 appropriate. The terms may include consideration of the 19 purpose of the entry, the time of day, other persons 20 accompanying the minor, and advance approval by a 21 probation officer; 22 (r) refrain from having any contact, directly or 23 indirectly, with certain specified persons or particular 24 types of persons, including but not limited to members of 25 street gangs and drug users or dealers; 26 (r-5) undergo a medical or other procedure to have 27 a tattoo symbolizing allegiance to a street gang removed 28 from his or her body; 29 (s) refrain from having in his or her body the 30 presence of any illicit drug prohibited by the Cannabis 31 Control Act or the Illinois Controlled Substances Act, 32 unless prescribed by a physician, and submit samples of 33 his or her blood or urine or both for tests to determine 34 the presence of any illicit drug; or -4- LRB9100875RCksam 1 (t) comply with any other conditions as may be 2 ordered by the court. 3 (6) A minor whose case is continued under supervision 4 under subsection (5) shall be given a certificate setting 5 forth the conditions imposed by the court. Those conditions 6 may be reduced, enlarged, or modified by the court on motion 7 of the probation officer or on its own motion, or that of the 8 State's Attorney, or, at the request of the minor after 9 notice and hearing. 10 (7) If a petition is filed charging a violation of a 11 condition of the continuance under supervision, the court 12 shall conduct a hearing. If the court finds that a condition 13 of supervision has not been fulfilled, the court may proceed 14 to findings and adjudication and disposition. The filing of 15 a petition for violation of a condition of the continuance 16 under supervision shall toll the period of continuance under 17 supervision until the final determination of the charge, and 18 the term of the continuance under supervision shall not run 19 until the hearing and disposition of the petition for 20 violation; provided where the petition alleges conduct that 21 does not constitute a criminal offense, the hearing must be 22 held within 30 days of the filing of the petition unless a 23 delay shall continue the tolling of the period of continuance 24 under supervision for the period of the delay. 25 (8) When a hearing in which a minor is alleged to be a 26 delinquent for reasons that include a violation of Section 27 21-1.3 of the Criminal Code of 1961 is continued under this 28 Section, the court shall, as a condition of the continuance 29 under supervision, require the minor to perform community 30 service for not less than 30 and not more than 120 hours, if 31 community service is available in the jurisdiction. The 32 community service shall include, but need not be limited to, 33 the cleanup and repair of the damage that was caused by the 34 alleged violation or similar damage to property located in -5- LRB9100875RCksam 1 the municipality or county in which the alleged violation 2 occurred. The condition may be in addition to any other 3 condition. 4 (9) When a hearing in which a minor is alleged to be a 5 delinquent is continued under this Section, the court, before 6 continuing the case, shall make a finding whether the offense 7 alleged to have been committed either: (i) was related to or 8 in furtherance of the activities of an organized gang or was 9 motivated by the minor's membership in or allegiance to an 10 organized gang, or (ii) is a violation of paragraph (13) of 11 subsection (a) of Section 12-2 of the Criminal Code of 1961, 12 a violation of any Section of Article 24 of the Criminal Code 13 of 1961, or a violation of any statute that involved the 14 unlawful use of a firearm. If the court determines the 15 question in the affirmative the court shall, as a condition 16 of the continuance under supervision and as part of or in 17 addition to any other condition of the supervision, require 18 the minor to perform community service for not less than 30 19 hours nor more than 120 hours, provided that community 20 service is available in the jurisdiction and is funded and 21 approved by the county board of the county where the offense 22 was committed. The community service shall include, but need 23 not be limited to, the cleanup and repair of any damage 24 caused by an alleged violation of Section 21-1.3 of the 25 Criminal Code of 1961 and similar damage to property located 26 in the municipality or county in which the alleged violation 27 occurred. When possible and reasonable, the community 28 service shall be performed in the minor's neighborhood. For 29 the purposes of this Section, "organized gang" has the 30 meaning ascribed to it in Section 10 of the Illinois 31 Streetgang Terrorism Omnibus Prevention Act. 32 (10) The court shall impose upon a minor placed on 33 supervision, as a condition of the supervision, a fee of $25 34 for each month of supervision ordered by the court, unless -6- LRB9100875RCksam 1 after determining the inability of the minor placed on 2 supervision to pay the fee, the court assesses a lesser 3 amount. The court may not impose the fee on a minor who is 4 made a ward of the State under this Act while the minor is in 5 placement. The fee shall be imposed only upon a minor who is 6 actively supervised by the probation and court services 7 department. A court may order the parent, guardian, or legal 8 custodian of the minor to pay some or all of the fee on the 9 minor's behalf. 10 (Source: P.A. 90-590, eff. 1-1-99.) 11 (705 ILCS 405/5-710) 12 Sec. 5-710. Kinds of sentencing orders. 13 (1) The following kinds of sentencing orders may be made 14 in respect of wards of the court: 15 (a) Except as provided in Sections 5-805, 5-810, 16 5-815, a minor who is found guilty under Section 5-620 17 may be: 18 (i) put on probation or conditional discharge 19 and released to his or her parents, guardian or 20 legal custodian, provided, however, that any such 21 minor who is not committed to the Department of 22 Corrections, Juvenile Division under this subsection 23 and who is found to be a delinquent for an offense 24 which is first degree murder, a Class X felony, or a 25 forcible felony shall be placed on probation; 26 (ii) placed in accordance with Section 5-740, 27 with or without also being put on probation or 28 conditional discharge; 29 (iii) required to undergo a substance abuse 30 assessment conducted by a licensed provider and 31 participate in the indicated clinical level of care; 32 (iv) placed in the guardianship of the 33 Department of Children and Family Services, but only -7- LRB9100875RCksam 1 if the delinquent minor is under 13 years of age; 2 (v) placed in detention for a period not to 3 exceed 30 days, either as the exclusive order of 4 disposition or, where appropriate, in conjunction 5 with any other order of disposition issued under 6 this paragraph, provided that any such detention 7 shall be in a juvenile detention home and the minor 8 so detained shall be 10 years of age or older. 9 However, the 30-day limitation may be extended by 10 further order of the court for a minor under age 13 11 committed to the Department of Children and Family 12 Services if the court finds that the minor is a 13 danger to himself or others. The minor shall be 14 given credit on the sentencing order of detention 15 for time spent in detention under Sections 5-501, 16 5-601, 5-710, or 5-720 of this Article as a result 17 of the offense for which the sentencing order was 18 imposed. The court may grant credit on a sentencing 19 order of detention entered under a violation of 20 probation or violation of conditional discharge 21 under Section 5-720 of this Article for time spent 22 in detention before the filing of the petition 23 alleging the violation. A minor shall not be 24 deprived of credit for time spent in detention 25 before the filing of a violation of probation or 26 conditional discharge alleging the same or related 27 act or acts; 28 (vi) ordered partially or completely 29 emancipated in accordance with the provisions of the 30 Emancipation of Mature Minors Act; 31 (vii) subject to having his or her driver's 32 license or driving privileges suspended for such 33 time as determined by the court but only until he or 34 she attains 18 years of age;
or-8- LRB9100875RCksam 1 (viii) put on probation or conditional 2 discharge and placed in detention under Section 3 3-6039 of the Counties Code for a period not to 4 exceed the period of incarceration permitted by law 5 for adults found guilty of the same offense or 6 offenses for which the minor was adjudicated 7 delinquent, and in any event no longer than upon 8 attainment of age 21; this subdivision (viii) 9 notwithstanding any contrary provision of the law; 10 or .11 (ix) ordered to undergo a medical or other 12 procedure to have a tattoo symbolizing allegiance to 13 a street gang removed from his or her body. 14 (b) A minor found to be guilty may be committed to 15 the Department of Corrections, Juvenile Division, under 16 Section 5-750 if the minor is 13 years of age or older, 17 provided that the commitment to the Department of 18 Corrections, Juvenile Division, shall be made only if a 19 term of incarceration is permitted by law for adults 20 found guilty of the offense for which the minor was 21 adjudicated delinquent. The time during which a minor is 22 in custody before being released upon the request of a 23 parent, guardian or legal custodian shall be considered 24 as time spent in detention. 25 (c) When a minor is found to be guilty for an 26 offense which is a violation of the Illinois Controlled 27 Substances Act or the Cannabis Control Act and made a 28 ward of the court, the court may enter a disposition 29 order requiring the minor to undergo assessment, 30 counseling or treatment in a substance abuse program 31 approved by the Department of Human Services. 32 (2) Any sentencing order other than commitment to the 33 Department of Corrections, Juvenile Division, may provide for 34 protective supervision under Section 5-725 and may include an -9- LRB9100875RCksam 1 order of protection under Section 5-730. 2 (3) Unless the sentencing order expressly so provides, 3 it does not operate to close proceedings on the pending 4 petition, but is subject to modification until final closing 5 and discharge of the proceedings under Section 5-750. 6 (4) In addition to any other sentence, the court may 7 order any minor found to be delinquent to make restitution, 8 in monetary or non-monetary form, under the terms and 9 conditions of Section 5-5-6 of the Unified Code of 10 Corrections, except that the "presentencing hearing" referred 11 to in that Section shall be the sentencing hearing for 12 purposes of this Section. The parent, guardian or legal 13 custodian of the minor may be ordered by the court to pay 14 some or all of the restitution on the minor's behalf, 15 pursuant to the Parental Responsibility Law. The State's 16 Attorney is authorized to act on behalf of any victim in 17 seeking restitution in proceedings under this Section, up to 18 the maximum amount allowed in Section 5 of the Parental 19 Responsibility Law. 20 (5) Any sentencing order where the minor is committed or 21 placed in accordance with Section 5-740 shall provide for the 22 parents or guardian of the estate of the minor to pay to the 23 legal custodian or guardian of the person of the minor such 24 sums as are determined by the custodian or guardian of the 25 person of the minor as necessary for the minor's needs. The 26 payments may not exceed the maximum amounts provided for by 27 Section 9.1 of the Children and Family Services Act. 28 (6) Whenever the sentencing order requires the minor to 29 attend school or participate in a program of training, the 30 truant officer or designated school official shall regularly 31 report to the court if the minor is a chronic or habitual 32 truant under Section 26-2a of the School Code. 33 (7) In no event shall a guilty minor be committed to the 34 Department of Corrections, Juvenile Division for a period of -10- LRB9100875RCksam 1 time in excess of that period for which an adult could be 2 committed for the same act. 3 (8) A minor found to be guilty for reasons that include 4 a violation of Section 21-1.3 of the Criminal Code of 1961 5 shall be ordered to perform community service for not less 6 than 30 and not more than 120 hours, if community service is 7 available in the jurisdiction. The community service shall 8 include, but need not be limited to, the cleanup and repair 9 of the damage that was caused by the violation or similar 10 damage to property located in the municipality or county in 11 which the violation occurred. The order may be in addition 12 to any other order authorized by this Section. 13 (9) In addition to any other sentencing order, the court 14 shall order any minor found to be guilty for an act which 15 would constitute, predatory criminal sexual assault of a 16 child, aggravated criminal sexual assault, criminal sexual 17 assault, aggravated criminal sexual abuse, or criminal sexual 18 abuse if committed by an adult to undergo medical testing to 19 determine whether the defendant has any sexually 20 transmissible disease including a test for infection with 21 human immunodeficiency virus (HIV) or any other identified 22 causative agency of acquired immunodeficiency syndrome 23 (AIDS). Any medical test shall be performed only by 24 appropriately licensed medical practitioners and may include 25 an analysis of any bodily fluids as well as an examination of 26 the minor's person. Except as otherwise provided by law, the 27 results of the test shall be kept strictly confidential by 28 all medical personnel involved in the testing and must be 29 personally delivered in a sealed envelope to the judge of the 30 court in which the sentencing order was entered for the 31 judge's inspection in camera. Acting in accordance with the 32 best interests of the victim and the public, the judge shall 33 have the discretion to determine to whom the results of the 34 testing may be revealed. The court shall notify the minor of -11- LRB9100875RCksam 1 the results of the test for infection with the human 2 immunodeficiency virus (HIV). The court shall also notify 3 the victim if requested by the victim, and if the victim is 4 under the age of 15 and if requested by the victim's parents 5 or legal guardian, the court shall notify the victim's 6 parents or the legal guardian, of the results of the test for 7 infection with the human immunodeficiency virus (HIV). The 8 court shall provide information on the availability of HIV 9 testing and counseling at the Department of Public Health 10 facilities to all parties to whom the results of the testing 11 are revealed. The court shall order that the cost of any 12 test shall be paid by the county and may be taxed as costs 13 against the minor. 14 (10) When a court finds a minor to be guilty the court 15 shall, before entering a sentencing order under this Section, 16 make a finding whether the offense committed either: (a) was 17 related to or in furtherance of the criminal activities of an 18 organized gang or was motivated by the minor's membership in 19 or allegiance to an organized gang, or (b) involved a 20 violation of subsection (a) of Section 12-7.1 of the Criminal 21 Code of 1961, a violation of any Section of Article 24 of the 22 Criminal Code of 1961, or a violation of any statute that 23 involved the wrongful use of a firearm. If the court 24 determines the question in the affirmative, and the court 25 does not commit the minor to the Department of Corrections, 26 Juvenile Division, the court shall order the minor to perform 27 community service for not less than 30 hours nor more than 28 120 hours, provided that community service is available in 29 the jurisdiction and is funded and approved by the county 30 board of the county where the offense was committed. The 31 community service shall include, but need not be limited to, 32 the cleanup and repair of any damage caused by a violation of 33 Section 21-1.3 of the Criminal Code of 1961 and similar 34 damage to property located in the municipality or county in -12- LRB9100875RCksam 1 which the violation occurred. When possible and reasonable, 2 the community service shall be performed in the minor's 3 neighborhood. This order shall be in addition to any other 4 order authorized by this Section except for an order to place 5 the minor in the custody of the Department of Corrections, 6 Juvenile Division. For the purposes of this Section, 7 "organized gang" has the meaning ascribed to it in Section 10 8 of the Illinois Streetgang Terrorism Omnibus Prevention Act. 9 (Source: P.A. 90-590, eff. 1-1-99.)".
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