State of Illinois
91st General Assembly
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Public Act 91-0098

SB400 Enrolled                                 LRB9100875RCks

    AN ACT to  amend  the  Juvenile  Court  Act  of  1987  by
changing Sections 5-615, 5-710, 5-715.

    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, 5-710, 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, the
minor's attorney or the State's Attorney.
    (2)  If the minor, his or her parent, guardian, or  legal
custodian,  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.
    (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;
         (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;
         (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 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 or the Illinois  Controlled  Substances  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 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,
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.
    (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 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  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  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.
(Source: P.A. 90-590, eff. 1-1-99.)

    (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,
    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
         Corrections, Juvenile Division 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
         assessment  conducted  by  a  licensed  provider and
         participate in the indicated clinical level of care;
              (iv)  placed  in  the   guardianship   of   the
         Department of Children and Family Services, but only
         if the delinquent minor is under 13 years of age;
              (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 13
         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;
              (vi)  ordered    partially    or     completely
         emancipated in accordance with the provisions of the
         Emancipation of Mature 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; or
              (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;
         or .
              (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.
         (b)  A minor found to be guilty may be committed  to
    the  Department  of Corrections, Juvenile Division, under
    Section 5-750 if the minor is 13 years of age  or  older,
    provided   that  the  commitment  to  the  Department  of
    Corrections, Juvenile Division, shall be made only  if  a
    term  of  incarceration  is  permitted  by law 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.
         (c)  When  a  minor  is  found  to  be guilty for an
    offense which is a violation of the  Illinois  Controlled
    Substances  Act  or  the Cannabis Control 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.
    (2)  Any  sentencing  order  other than commitment to the
Department of Corrections, Juvenile Division, 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
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.
    (7)  In no event shall a guilty minor be committed to the
Department  of Corrections, Juvenile Division for a period of
time in excess of that period for which  an  adult  could  be
committed for the same act.
    (8)  A  minor found to be guilty for reasons that include
a violation of Section 21-1.3 of the Criminal  Code  of  1961
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.
    (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 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, a violation of any Section of Article 24 of the
Criminal Code of 1961,  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 Corrections,
Juvenile Division, 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 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  Corrections,
Juvenile   Division.   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.
(Source: P.A. 90-590, eff. 1-1-99.)

    (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 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;
         (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  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  or  the Illinois Controlled Substances Act,
    unless  prescribed  by  a  physician,  and  shall  submit
    samples of his or her blood or urine or both for tests to
    determine 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,  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.
    (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 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.
(Source: P.A. 90-590, eff. 1-1-99.)

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